HQ 952115: Tariff Classification of Concentrated Cranberry Juice Made In Sweden With Use of Raw Cranberries From Russia

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 952115

                        December 17, 1992



CLA-2-CO:R:C:F 952115 K

CATEGORY: Classification

TARIFF NO: 2009.80.6020

Paul C. Rosenthal, Esq.
Collier, Shannon, Rill & Scott
Attorneys-at-Law
3050 K Street, N.W., Suite 400
Washington, D.C. 20007

RE: Tariff Classification of Concentrated Cranberry Juice Made In
    Sweden With Use of Raw Cranberries From Russia

Dear Sir:

     Your request for a ruling dated July 1, 1992, is limited to
the issue of country of origin of concentrated cranberry juice for
purposes of classification under the Harmonized Tariff Schedule of
the United States (HTSUS).  This ruling is not a definitive ruling
for other Customs laws such as marking of country of origin,
drawback, or warehouse laws.  Our decision follows.

FACTS:

     Raw cranberries from Russia are shipped to Sweden where they
are blended, crushed, pressed, and depectinized.  The essence is
stripped and the juice is filtered and concentrated to 65 degrees
Brix.  The concentrated cranberry juice and the essence in 
separate drums are shipped to the United States.

ISSUE:

     The issue is whether concentrated cranberry juice made in
Sweden with the use of raw cranberries from Russia is classifiable
under subheading 2009.80.6020, HTSUS, as a product of Sweden or is
subject to other duty treatment based on different countries of
origin of the cranberries.


                               -2-

LAW AND ANALYSIS:

     We are of the opinion that raw cranberries from Russia that
are processed into concentrated cranberry juice in Sweden, an
intermediary country, transforms the character, appearance,
identity, and/or the use of the raw merchandise and that a new and
different article of commerce emerges.  The test set forth by the
Court of International Trade has been met in this case and the
cranberry juice is a product of Sweden.  See Headquarters Letter
084346, dated August 8, 1989.

HOLDING:

     Concentrated cranberry juice made in Sweden with the use of
raw cranberries from Russia is a product of Sweden and is
classifiable under the Column 1 rate of duty of 0.8 cents per
liter, according to subheading 2009.80.6020, HTSUS.

                              Sincerely,




                              John Durant, Director
                              Commercial Rulings Division