CLA-2-22:OT:RR:E:NC:N4:232
Mr. Bradley Currie
Affiliated Customs Brokers USA Inc.
193 West Service Road
Champlain, NY 12919
RE: The tariff classification of Fruit Smoothies from Denmark
Dear Mr. Currie:
In your letter dated July 26, 2016, you requested a tariff classification ruling on behalf of your client, Brand Venture Inc (Ontario, Canada).
The five products under review are fruit smoothies from the brand NatureFresh.
Organic RaspberryDream is composed of apple puree, banana puree, apple juice concentrate, raspberry, elderberry juice concentrate and lemon.
Organic MangoDream is composed of apple puree, banana puree, mango puree, lemon juice concentrate, orange juice concentrate and apple juice concentrate.
Organic Coconut-PineappleDream is composed of apple juice, apple puree, banana puree, pineapple, coconut and lemon.
Organic BlueberryDream is composed of apple puree, banana puree, blueberry puree, blueberry juice, raspberry juice concentrate, blackcurrant juice concentrate, lemon juice concentrate and apple juice concentrate.
Organic PassionDream is composed of apple puree, banana puree, passion fruit concentrate, mango puree, apple juice concentrate and lemon juice.
Each of the product will be packed for retail in bottles holding 250 milliliters.
The applicable subheading for all five varieties of Fruit Smoothies will be 2202.90.9090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for provides for Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavored, and other nonalcoholic beverages, not including fruit or vegetable juices of heading 2009: Other: Other…Other. The rate of duty will be 0.2 cents per liter. 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 https://hts.usitc.gov/current.
You suggested a tariff classification of 2009.90.4000 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: mixtures of juice: other. We disagree with the suggested classification. The products under consideration do not consist of a mixture of only juice concentrates. The items are a blend of concentrated juices and added fruit purees, the latter is not a by-product from the manufacturing process nor is it part of substances permitted to be added separately such as sugar, carbon dioxide (for preservation) or citric acid (standardizing agent).
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 [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division