The tariff classification of Acai Juice from Brazil

N042120 March 2, 2009 CLA-2-20:OT:RR:NC:232 CATEGORY: Classification TARIFF NO.: 2009.80.6035 Mr. Gert van Manen iTi Tropicals, Inc. 30 Gordon Avenue Lawrenceville, NJ 08648 RE: The tariff classification of Acai Juice from Brazil Dear Mr. Manen: In your letter dated October 14, 2008, you requested a tariff classification ruling. Descriptive and illustrative information of the product was included with your request. An ingredient breakdown and samples were also submitted along with your letter. The samples were forwarded to the Customs Laboratory for analysis. The product is a juice made from the acai berry and is referred to as “acai water extract 12%-14% solids.” There are no additives in this product, such as sweeteners or vitamins; rather it is a pure juice. The product is in single strength form and can be used directly as an acai juice or can be mixed with other juices to make juice blends. It will be shipped to the United States in 55 gallon drums or five gallon pails. According to Customs Laboratory Report no. NY20081730, dated February 20, 2009, the sample, a dark pink liquid in a plastic bottle labeled "Acai Juice from Brazil," contains acai juice, a fruit juice having a brix value of 1.75. The product contains 97.9 percent water and does not contain added sugar. The applicable subheading for the Acai Juice will be 2009.80.6035, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Fruit juices (including grape must) and vegetable juices, not fortified with vitamins or minerals, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter (con.): Juice of any other single fruit or vegetable: Fruit juice: Other: Berry juice: Other. The rate of duty will be 0.5 cents per liter. Articles classifiable under subheading 2009.80.6035, HTSUS, which are products of Brazil, may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term “GSP". Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Frank Troise at (646) 733-3031. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division