Of a Brix value exceeding 67

Fruit juices (including grape must) and vegetable juices, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter See note 6 to this chapter, as regards ‘juice, unfermented and not containing added spirit’. See subheading note 3 to this chapter, as regards the ‘Brix value’. See additional note 5(a) to this chapter, as regards ‘added sugar’. For the purposes of additional note 5(b) to this chapter, products to which sugar has been added in such a quantity that they contain by weight less than 50 % of fruit juice are considered to have lost the original character of the fruit juices of heading 2009 . For determining whether products have lost their original character or not with regard to the addition of sugar, only additional notes 2 and 5 to this chapter are to be applied. The content of various sugars expressed as sucrose is determined in accordance with the said additional note 2. If the content of added sugar calculated in accordance with additional note 5(a) to this chapter exceeds 50 % by weight, the calculated fruit juice content is less than 50 % by weight so that the product is not to be classified under heading 2009 . Additional note 5(b) to this chapter is not to be applied to concentrated natural fruit juices. Consequently, concentrated natural fruit juices are not excluded from heading 2009 . As regards the addition of other substances to products of heading 2009 , see the HS Explanatory Note to heading 2009 . EXAMPLE The analysis of a sample of orange juice gives the following results: Conclusion: the sample is considered, within the meaning of additional note 5(b) to this chapter, not to have lost its original character, because the calculated fruit juice content is not less than 50 % by weight. Frozen See the HS Explanatory Note to subheading 2009 11 . 2009 50 10 and 2009 50 90 Tomato juice See note 4 to this chapter and the relevant explanatory notes.