HQ 085369: Concentration of Grape Juice

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 085369

                                        December 19,1989


          CLA-2 CO:R:C:G 085369 JGH

          CATEGORY: Classification

          Mr. Albert Grunstein
          G.B. International, Inc.
          25 Commerce Drive
          Cranford, New Jersey 07016

          RE: Concentration of Grape Juice

          Dear Mr. Grunstein:

               Your letter of August 11, 1989, concerns the degree of
          concentration for grape juice for tariff purposes.

          FACTS:

               You state that you have been entering red and white grape
          juice concentrates of the Vitis Vinifera varieties at a degree of
          concentration of 3.16/3.25, using a 68/70 degree brix concentrate
          from  minimum single strength of juice at 21.5 degrees brix.  You
          add that Customs changed the level of concentration to 4 times
          that of single strength.

          ISSUE:

               The correct degree of concentration for grape juice
          concentrate produced from Vitis Vinifera varieties of grapes.

          LAW AND ANALYSIS:

               Submitted in support of your position was a statement from
          a consultant, who stated that the typical soluble solids content
          of single strength red grape juice of Vitis Vinifera varieties
          is 21.5%, as determined by refractometer,corrected to 20 degrees
          centigrade, but not corrected for acidity.  He further stated
          that a typical grape juice concentrate contains 70% soluble
          solids by refractomer, and that since 70/21.5 = 3.25 times
          concentration, it would take 3.25 lbs. of single strength juice
          to make one pound of concentrate.


















                                         -2-


               Customs published the table of the degrees of concentration
          of natural juices as CIE 21/84.  This table includes the brix
          values and degrees of concentration for grape juice made from the
          Vitis Vinifera varieties.  For a grape juice with a brix of 68/70
          degrees, there is a degree of concentration of 4.  The degree of
          concentration is not determined by simply dividing the brix of
          the unconcentrated juice into the brix of the concentrated, but,
          in addition, allowances must be made for the acid content and
          the differences in the specific gravity of the concentrated and
          unconcentrated juices.

          HOLDING:

               For tariff purposes, the degree of concentration of grape
          juice made from Vitis Vinifera grapes having a brix of 68/70
          degrees is 4.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division




































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          hurley's library/peh
          085369