The tariff classification of Fruit Juices from El Salvador

N266175 July 28, 2015 CLA-2-22:OT:RR:E:NC:N2:232 CATEGORY: Classification TARIFF NO.: 2202.90.3500; 2202.90.3600; 2202.90.9090 Mr. Luis Valladares Livsmart Americas, S.A. de C.V. 18 Calle 24-69 Zona 10 Centro Empresarial, Zona Pradera Torre 4, OFC. 303 Guatemala City, 01010 Republic of Guatemala RE: The tariff classification of Fruit Juices from El Salvador Dear Mr. Valladares: In your letter dated June 26, 2015, you requested a tariff classification ruling. The subject merchandise consists of six products: Orange Juice Drink from Concentrate, Apple Juice Drink from Concentrate, Peach Flavored Fruit Juice with Pulp, Mango Flavored Fruit Juice with Pulp, Guava Flavored Fruit Juice with Pulp, and Pineapple Flavored Fruit Juice with Pulp. Orange Juice Drink from Concentrate is composed of 85.1 percent water, less than one percent vitamin c (ascorbic acid), 1.55 percent orange juice concentrate (66 Brix), 0.124 natural orange essence, and 4.1 percent orange pulp concentrate. The remaining ingredients are citric acid, modified corn starch, xanthan gum, and annatto color. The product is a ready-to-drink beverage imported in 500ml and 1000ml aseptic containers. Apple Juice Drink from Concentrate is composed of 98.99 percent water, less than one percent vitamin c (ascorbic acid), 1.64 percent apple concentrate (70 Brix) and 0.069 percent apple flavor. The remaining ingredients are sugar, malic acid, xanthan gum, caramel color and sucralose. The product is a ready-to-drink beverage imported in 200ml, 1000ml aseptic and 330ml aluminum containers. Peach Flavored Fruit Juice with Pulp is composed of 89.1 percent water, 3.38 percent peach pulp concentrate (31 Brix), 0.048 percent vitamin c (ascorbic acid), and 0.040 percent peach flavor. The remaining ingredients are citric acid, cellulose gum, sugar, and sucralose. The product is a ready-to-drink beverage imported in 200ml, 1000ml aseptic and 330ml aluminum containers. Mango Flavored Fruit Juice with Pulp is composed of 86.9 percent water, 3.11 percent mango pulp concentrate (42 Brix), 0.048 percent vitamin c (ascorbic acid), and 0.030 percent mango flavor. The remaining ingredients are citric acid, cellulose gum, sugar and sucralose. The product is a ready-to-drink beverage imported in 200ml, 1000ml aseptic and 330ml aluminum containers. Guava Flavored Fruit Juice with Pulp is composed of 86.9 percent water, 6.41 percent guava pulp concentrate (13%), 0.048 percent vitamin c (ascorbic acid), 0.047 percent guava flavor. The remaining ingredients are citric acid, cellulose gum, sugar, and sucralose. The product is a ready-to-drink beverage imported in 200ml, 1000ml aseptic and 330ml aluminum containers Pineapple Flavored Fruit Juice with Pulp is composed of 90.5 percent water, 1.88 percent pineapple juice concentrate (72 Brix), 0.048 vitamin c (ascorbic acid), 0.0371 percent pineapple flavor. The remaining ingredients are citric acid, cellulose gum, sugar, and sucralose. The product is a ready-to-drink beverage imported in 200ml, 1000ml aseptic and 330ml aluminum containers. The applicable subheading for the Orange Juice Drink from Concentrate will be 2202.90.3500, Harmonized Tariff Schedule of the United States (HTS), 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: Other: Fruit or vegetable juices, fortified with vitamins or minerals: Orange juice: Other. The duty rate will be 7.85 cents per liter. The applicable subheading for the Apple Juice Drink from Concentrate will be 2202.90.3600, Harmonized Tariff Schedule of the United States (HTS), 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: Other: Fruit or vegetable juices, fortified with vitamins or minerals: Other: Juice of any single fruit or vegetable. The rate of duty will be free. The applicable subheading for the Peach Flavored Fruit Juice with Pulp, Mango Flavored Fruit Juice with Pulp, Guava Flavored Fruit Juice with Pulp, Pineapple Flavored Fruit Juice with Pulp will be 2202.90.9090, Harmonized Tariff Schedule of the United States (HTS), 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: Other: Other…Other. The duty rate 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 http://www.usitc.gov/tata/hts/. 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, Gwenn Klein Kirschner Director National Commodity Specialist Division