CLA-2-22:OT:RR:NC:N2:232
Mr. Javier Hernandez
Fruselva USA, LLC
801 Brickell Avenue, 8th Floor
Miami, Florida 33131
RE: The tariff classification of fruit juice beverages from Chile
Dear Mr. Hernandez:
In your letter dated April 4, 2022, you requested a tariff classification ruling on fruit juice beverages from Chile. An ingredients breakdown and manufacturing flowchart were included with your request.
The subject merchandise is described as two varieties of fruit juice beverages: “The big sipper!
Out of this world Apple Mango” and “The big sipper! Galaxy Apple Strawberry”.
“The big sipper! Out of this world Apple Mango” is said to contain 96.03 percent water, 2.20 percent apple juice concentrate 70 Brix, 0.80 percent conventional mango juice concentrate 60 Brix - clarified, 0.50 percent orange juice concentrate, 0.33 percent ascorbic acid, 0.05 percent natural cherry flavor SC 1027409, 0.03 percent conventional natural orange flavor SC1027408, 0.02 percent conventional stevia alpha powder COD35179, and 0.04 percent natural mango essence 2M5560-00.
“The big sipper! Galaxy Apple Strawberry” is said to contain 95.96 percent water, 3.05 percent apple juice concentrate 70 Brix, 0.05% natural cherry flavor SC1027409, 0.17 percent natural grape flavor SC 1027406, 0.33 percent ascorbic acid, 0.20 percent natural strawberry flavor SC1027404, 0.14 percent conventional strawberry juice concentrate 66 Brix, 0.08 percent red grape juice concentrate 75 Brix, and 0.02 percent conventional stevia alpha powder COD35179.
Each variety of fruit juice beverage will be imported into the United States in multilayer film composition pouches with a net weight of 177 ml, packaged in boxes of 8 units. The boxes will be the unit for retail sale.
The applicable subheading for the “The big sipper! Out of this world Apple Mango” and “The big sipper! Galaxy Apple Strawberry” will be 2202.10.0060, Harmonized Tariff Schedule of the United States (HTSUS), which 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: Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavored…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 the World Wide Web at https://hts.usitc.gov/current.
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 frank.l.troise.cbp.dhs.gov.
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division