us-cbp-cross-rulings-hq-084408•HQ 084408: Coffee Extract processed in West Germany
HQ 084408: Coffee Extract processed in West Germany
us-cbp-cross-rulings-hq-084408HQ 084408: Coffee Extract processed in West GermanyGuidance
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 084408
August 8,1989
CLA-2 CO:R:C:G 084408 JGH
CATEGORY: Classification
TARIFF NO.: 2101.10.2040; 9903.23.20
Leonard M. Zuckerman
L.M. Zuckerman & Co., Inc.
50 Broadway
New York, N.Y.
RE: Coffee Extract processed in West Germany
Dear Mr. Zuckerman:
Your letter of April 7,1989, concerns the processing of
coffee extract in West Germany.
FACTS:
Coffee extract from Brazil, Mexico, Paraguay, "or from
various other non-European sources" is sent to West Germany,
where it is dissolved in water and redried by freeze drying.
The freeze-dried coffee is then exported to the United States.
ISSUE:
Whether coffee extract processed in West Germany becomes a
product of West Germany, and therefore subject to the increased
duties pursuant to Presidential Proclamation No. 5759.
LAW AND ANALYSIS:
Presidential Proclamation No. 5759 assessed a duty of 100
percent ad valorem on certain products of countries of the
European Community (EC). Subheading 9903.23.20, Harmonized
Tariff Schedule of the United States (HTSUS), imposes such a duty
on soluble or instant coffee which is a product of the EC.
Coffee extract from Brazil, Mexico, or Paraguay is sent to
West Germany, where it is dissolved in water and then freeze
dried.
-2-
For a product such as this to be considered a product of
West Germany, it must be substantially transformed by sufficient
processing into a new and different article of commerce. While
changing coffee extract into a freeze dried coffee changes the
form of the coffee, it is a change from an intermediate product
of a finished one; the coffee extract being a material in
process, advancing toward the finished product. Thus, the
processing undergone in West Germany is not, in and of itself,
considered sufficient to transform the extract into a new and
different article of commerce.
HOLDING:
Coffee extract, a product of Brazil, Mexico, or Paraguay,
which is sent to West Germany to be processed into freeze-dried
coffee, is not transformed into a product of the EC, and, as a
result, is not subject to the 100 percent rate of duty assessed
under subheading 9903.23.20, HTSUS.
Sincerely,
John Durant, Director
Commercial Rulings Division
6 cc: N.Y., Seaport
Hurley library
084408
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