HS 200961 Grape juice (including grape must)

The MFN duty rates for grape juice (HS 2009.61) vary significantly by importing country. For instance, the MFN duty rate in the United States is 26¢/liter for grape juice not fortified with alcohol (as per the Harmonized Tariff Schedule of the United States, HTSUS). In the European Union, the MFN duty rate can be complex, often expressed as a compound duty, such as 22.40% ad valorem plus 27.00 EUR per hectoliter (hl), depending on the sugar content and brix value, as detailed in the EU TARIC. The UK Global Tariff also applies a similar compound duty, for example, 20.00% ad valorem plus 22.00 GBP per hectoliter. Preferential duty rates can significantly reduce or eliminate these charges. For example, imports into the U.S. from countries with which it has a Free Trade Agreement (FTA) or other preferential programs (e.g., Australia, Bahrain, Chile, Colombia, Israel, Jordan, Korea, Morocco, Oman, Panama, Peru, Singapore) may be 'Free' (0% duty). Importers should consult the specific tariff schedule of the importing country and relevant trade agreement rules of origin to determine eligibility for preferential treatment.

HS code 2009.61 specifically covers 'Grape juice (including grape must)'. The primary classification criteria revolve around the product's composition and processing. 'Grape juice' refers to the liquid obtained from grapes, whether fresh or concentrated, which has not undergone alcoholic fermentation, or has an alcoholic strength by volume not exceeding 0.5% vol. 'Grape must' is the unfermented juice of grapes, which may contain the skins, seeds, and stems. The distinction from wine (Chapter 22) is crucial: wine is the product of the complete or partial alcoholic fermentation of fresh grapes or grape must. Products with an alcoholic strength exceeding 0.5% vol. would generally fall under Chapter 22. The brix value (sugar content) is also a critical factor, particularly for determining specific duty components in regions like the EU and UK, as higher sugar content can lead to different duty calculations.

Standard import documentation for grape juice under HS 2009.61 typically includes a commercial invoice, packing list, bill of lading or air waybill, and a certificate of origin. The certificate of origin is particularly vital if claiming preferential duty rates under a Free Trade Agreement (FTA). Depending on the importing country and specific regulations, additional documentation may be required, such as a phytosanitary certificate (to attest to the health and safety of the product and prevent the spread of plant diseases), a laboratory analysis report (detailing brix, acidity, and alcohol content), or a health certificate. Importers should always verify specific requirements with the customs authority of the destination country prior to shipment to ensure compliance and avoid delays.

Numerous trade agreements offer preferential duty rates for grape juice (HS 2009.61), often resulting in 'Free' (0%) duty. For U.S. importers, key agreements include the US-Australia FTA, US-Chile FTA, US-Colombia TPA, US-Israel FTA, US-Jordan FTA, US-Korea FTA (KORUS), US-Morocco FTA, US-Panama TPA, and US-Peru TPA. For EU importers, agreements like those with Chile, South Africa, or Mercosur (once fully ratified) could provide preferential access. Similarly, the UK has various FTAs that could impact imports. The implication for importers is significant cost savings on duties. However, to qualify for these preferential rates, the grape juice must meet the specific 'rules of origin' criteria stipulated in each agreement. This typically means the product must be wholly obtained or undergo substantial transformation within the partner country. Importers must obtain a valid certificate of origin or equivalent declaration from the exporter to substantiate the claim for preferential treatment, and customs brokers play a crucial role in navigating these complex requirements.