HQ 084346: Classification of Cranberry Juice Concentrate

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                      HQ 084346

                                    August 8,1989


          CLA-2 CO:R:C:G

          CATEGORY: Classification

          TARIFF NO.: 2009.80.6000; 9903.23.30

          Mr James J.Antonetti
          Henry Broch and Company
          International Food Brokers
          9933 Lawler Ave.
          Suite 340
          Skokie, Ill. 60077

          RE: Classification of Cranberry Juice Concentrate

          Dear Mr. Antonetti:

                This is in reference to your inquiry concerning the
          classification of cranberry juice concentrate from Holland.

          FACTS:

                Cranberries grown in the United States are harvested,
          washed, blast frozen and packed in 50 pound bags.  They are then
          sent to Holland and mixed with European cranberries in
          approximately a 50/50 ratio.  The blended cranberries are
          crushed, pressed, and depectinized. The essence is stripped and
          the juice filtered and concentrated to about 68-70 degrees Brix.
          The essence is then added back to the juice.  About 90 pounds of
          cranberries are used to make one gallon of cranberry juice
          concentrate.

          ISSUE:

                The classification of cranberry juice concentrate produced
          in Holland from a mixture of U.S. and European cranberries.























                                         -2-


          LAW AND ANALYSIS:

                Presidential Proclamation No. 5759 assessed a duty of 100
          percent ad valorem on certain products of the European Community
          (EC). Subheading 9903.23.30,HTSUS, levies the increased duty on
          certain fruit juices not specially provided for, concentrated or
          not concentrated, whether or not sweetened, not mixed and not
          containing over 0.5 percent ethyl alcohol by volume ( provided
          for in subheading 2009.80.60).

                Holland is a member ofthe EC and cranberry juice is
          classifiable in subheading 2009.80.6000, HTSUS.

                The blending, crushing, pressing, filtering and other
          processing steps in Holland of the mixed cranberries produce a
          new article: juice concentrate.  Thus, the processing in Holland
          is considered a substantial transformation; such processing
          having created a new article of commerce, with a new name,
          character, and use.

                As to your question concerning subheading 9813.00.05,
          HTSUS, to be classified under that provision, an article imported
          into the United States has to be repaired, altered or processed
          and then exported within 1 year of date of importation.

          HOLDING:

                Cranberry juice concentrate produced in Holland from a
          mixture of U.S. and European cranberries is a product of Holland,
          and pursuant to subheading 9903.23.30, HTSUS, subject to a duty
          rate of 100 percent ad valorem as a product of the EC.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division






















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          Hurley's library 084346