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Heading 2009 : Fruit juices(including grape must) and vegetable juices, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter.
As regards juices, unfermented and not containing added spirit, see Note 6 to this Chapter.
The fruit and vegetable juices of this heading are generally obtained by pressing fresh, healthy and ripe fruit or vegetables. This may be done (as in the case of citrus fruits) by means of mechanical "extractors" operating on the same principle as the household lemon‑squeezer, or by pressing which may or may not be preceded either by crushing or grinding (for apples in particular) or by treatment with cold or hot water or with steam (e.g., tomatoes, blackcurrants and certain vegetables such as carrots and celery).
The liquids thus obtained are then generally submitted to the following processes :(a) Clarification, to separate the juice from most of the solids, by means of clarifying substances (gelatin, albumin, infusorial earth, etc.) or of enzymes, or by centrifuging. (b) Filtration, often by means of filter plates faced with kieselguhr, asbestos, cellulose, etc. (c) De‑aeration, to eliminate oxygen which would spoil the colour and flavour. (d) Homogenisation, in the case of certain juices obtained from very fleshy fruits (tomatoes, peaches, etc.). (e) Sterilisation, to prevent fermentation. Various methods may be employed, for example, pasteurisation (prolonged or "flash"), electric sterilisation in machines fitted with electrodes, sterilisation by filtration, preservation under pressure using carbon dioxide, refrigeration, chemical sterilisation (e.g., by means of sulphur dioxide, sodium benzoate), treatment with ultra‑violet rays or ion exchangers. As a result of these various treatments the fruit or vegetable juices may consist of clear, unfermented liquids. Certain juices, however (in particular those obtained from pulpy fruits such as apricots, peaches and tomatoes) still contain part of the pulp in finely divided form, either in suspension or as a deposit.
The heading also includes juices, relatively few in practice, obtained from dried fruits provided that they are of a kind which contain juice when fresh. One example is "prune juice", extracted from prunes by heating with water for several hours in diffusers. The heading does not, however, cover the more or less liquid products obtained by the heating in water of fresh or dried fruits (e.g., juniper berries, rose hips) which contain practically no juice; such products are generally classified in heading 21.06.
The juices of this heading may be concentrated (whether or not frozen) or in the form of crystals or powder provided, in the latter case, that they are entirely or almost entirely soluble in water. Such products are usually obtained by processes involving either heat (whether or not in a vacuum) or cold (lyophilisation).
Certain concentrated juices can be distinguished from their corresponding non-concentrated juices on the basis of their Brix value (see Subheading Note 3 to this Chapter).
Providedthey retain their original character, the fruit or vegetable juices of this heading may contain substances of the kinds listed below, whether these result from the manufacturing process or have been added separately : (1) Sugar. (2) Other sweetening agents, natural or synthetic, provided that the quantity added does not exceed that necessary for normal sweetening purposes and that the juices otherwise qualify for this heading, in particular as regards the balance of the different constituents (see Item (4) below). (3) Products added to preserve the juice or to prevent fermentation (e.g., sulphur dioxide, carbon dioxide, enzymes). (4) Standardising agents (e.g., citric acid, tartaric acid) and products added to restore constituents destroyed or damaged during the manufacturing process (e.g., vitamins, colouring matter), or to "fix" the flavour (e.g., sorbitol added to powdered or crystalline citrus fruit juices). However, the heading excludes fruit juices in which one of the constituents (citric acid, essential oil extracted from the fruit, etc.) has been added in such quantity that the balance of the different constituents as found in the natural juice is clearly upset; in such case the product has lost its original character. The vegetable juices of this heading may also contain added salt (sodium chloride), spices or flavouring substances.
Similarly, intermixtures of the juices of fruits or vegetables of the same or different types remain classified in this heading, as do reconstituted juices (i.e., products obtained by the addition, to the concentrated juice, of a quantity of water not exceeding that contained in similar non‑concentrated juices of normal composition).
However, the addition of water to a normal fruit or vegetable juice, or the addition to a concentrated juice of a greater quantity of water than is necessary to reconstitute the original natural juice, results in diluted products which have the character of beverages of heading 22.02. Fruit or vegetable juices containing a greater quantity of carbon dioxide than is normally present in juices treated with that product (aerated fruit juices), and also lemonades and aerated water flavoured with fruit juice are also excluded (heading 22.02).
The heading also covers grape must for any use, provided it is unfermented. As it has been submitted to much the same processes as other fruit juices, grape must is very similar to ordinary grape juice. It may be presented in the form of a concentrate or even of crystals (in the latter form, it is known in the trade as "grape sugar" or "grape honey" and is used in fine bakery or confectionery for making gingerbread, sweetmeats, etc.).
Grape must partially fermented, whether or not fermentation has been arrested, as well as unfermented grape must, with alcohol added, both having an alcoholic strength by volume exceeding 0.5 % vol., falls in heading 22.04. The heading further excludes : (a) Tomato juice, the dry weight content of which is 7 % or more (heading 20.02). (b) Fruit or vegetable juices of an alcoholic strength by volume exceeding 0.5 % vol (Chapter 22). Subheading Explanatory Note. Subheading 2009.11
The term "frozen orange juice" also covers concentrated orange juice which, although subjected to and maintained at a temperature around -18 °C, is not frozen solid throughout.
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