Apple Juice; Fruit Juice of Heading 2009; Country of Origin Marking.
Active· CBP ruling HQ 089756· Issued 1991-09-27
Ruling text
HQ 089756
September 27, 1991
CLA-2 CO:R:C:F 089756 SLR
CATEGORY: Classification
TARIFF NO.: 2009.70.0090
Mr. David Kennedy
W.Y. Moberly, Inc.
Box 164
Sweetgrass, MT 59484
RE: Apple Juice; Fruit Juice of Heading 2009;
Country of Origin Marking.
Dear Mr. Kennedy:
This is in response to your May 20, 1991 letter, submitted
on behalf of Tree Top, Inc., requesting the proper classification
of apple juice under the Harmonized Tariff Schedule of the United
States Annotated (HTSUSA). A description of the product follows.
FACTS:
The subject merchandise includes apple juice concentrate,
apple juice essence (the flavor and smell), 250 ml boxes, and
corrugated trays, all of which are produced in the U.S., and
individual straws manufactured in South Korea.
The concentrate is derived from the squeezing of apples
imported into the U.S. from West Germany, Austria, Hungary,
Chile and/or Argentina. The essence is entirely U.S. sourced.
The product's packaging bears the statement "Product of the
U.S.A., West Germany, Austria, Hungary, Chile and Argentina".
Reference to Selah, Washington is also made.
The apple juice concentrate, essence, straws and packaging
materials are shipped to Canada. Water is added to the
concentrate and essence to produce reconstituted apple juice.
The apple juice is then packaged in the U.S.-made 250 ml boxes.
The boxes and straws are shrink wrapped into three-pack sets.
(The shrink wrap is produced in Canada.) Nine three-pack sets
are packaged onto the corrugated trays and are again shrink
wrapped. The packaged apple juice is then shipped to the U.S.
-2-
ISSUES:
I. What is the classification of the apple juice product
under the HTSUSA?
II. What country of origin marking requirements apply?
LAW AND ANALYSIS:
ISSUE I
CLASSIFICATION
Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI's),
taken in order. GRI 1 provides that classification is determined
according to the terms of the headings and any relative section
or chapter notes.
Heading 2009, HTSUSA, provides for fruit juices, unfermented
and not containing added spirit, whether or not containing added
sugar or other sweetening matter. This describes the apple juice
product. Consequently, the product is classifiable in
heading 2009, HTSUSA.
ISSUE II
COUNTRY OF ORIGIN MARKING
As the juice concentrate originates from apples imported
from abroad, the retail packaging must be marked with its
country(ies) of origin. In the case of juices, Customs has
determined that marking may be accomplished by indicating the
"major supplier" sources of the juice (or, as here, the juice
concentrate). See T.D. 89-66. Under this method of marking, an
importer may satisfy the requirements of 19 U.S.C. 1304 by
listing, in a conspicuous location, the names of up to ten
supplier countries. The source countries of at least 75 percent
of the juice or concentrate must be accounted for, and must
represent the sources actually used in the lot. It is not
permissible to list names representative of a past importing
period.
It is further noted that as the juice concentrate is from
a source other than the U.S., the outer, bulk packaging, since
it bears a reference to a location (Selah, Washington) other
than the country of origin, must also bear the name of the
country(ies) of origin in close proximity to such reference in
accordance with 19 CFR 134.46. The reference to the country(ies)
of origin must be accompanied by the words "Made in" or
"Product of" or words to similar effect.
-3-
HOLDING:
The apple juice product is classifiable in subheading
2009.70.0090 HTSUSA, which provides for fruit juices (including
grape must) and vegetable juices, unfermented and not containing
added spirit, whether or not containing added sugar or other
sweetening matter: apple juice, not concentrated. Products
classifiable under this provision enter the U.S. duty free.
The apple juice product must be marked to indicate the
major supplier sources of the juice concentrate. Moreover, the
product must be marked in conformity with 19 CFR 134.46.
Sincerely,
John Durant, Director
Commercial Rulings Division
Source: rulings.cbp.gov — ruling 089756, retrieved 2026-10-12T05:21:55Z, republished verbatim. This digest is informational; only CBP issues binding rulings.