Background

In the April 28, 2021, Customs Bulletin and Decisions, U.S. Customs and Border Protection is reclassifying date juice concentrate or date syrup as glucose and glucose syrup under HTSUS 1702.40.4000 (5.1 percent duty) rather than as fruit juices under HTSUS 2009.89.7091 (0.5 cents/liter duty).

The product at issue consists of 72 percent dates and 28 percent water and will be imported in 25 kg bags. It will be used in the food industry for energy preparations such as cereal bars.

CBP states that classification under heading 1702 is proper for all sugars, other than chemically pure sugars of heading 2902, given that these sugars contain neither added flavoring nor coloring materials. Visual and laboratory analysis neither indicates nor identifies the presence of any added flavoring or coloring materials in the product at issue. The same analysis confirms that this product consists of three component sugars (fructose, glucose, and sucrose), each of which is among those sugars individually excluded from classification under heading 2092.

Ruling HQ H312829 will revoke ruling NY N307283 to reflect this change, effective for goods entered or withdrawn from warehouse for consumption on or after June 27.

For more information on how to seek or utilize classification and other rulings, please contact attorney Deb Stern at (305) 894-1007. Click here to register for ST&R’s May 6 webinar on advanced classification topics.

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