The tariff classification of fruit snacks from Colombia

N121418 September 13, 2010 CLA-2-17:OT:RR:NC:232 CATEGORY: Classification TARIFF NO.: 1704.90.3590 Ms. Lilliana Murillo Pura Vida Dairy 3130 West 84th Street #1 Hialeah, FL 33018 RE: The tariff classification of fruit snacks from Colombia Dear Ms. Murillo: In your letter dated August 2, 2010 you requested a tariff classification ruling. An ingredient breakdown and descriptive literature accompanied your letter. The subject merchandise is a refrigerated sweet snack manufactured in Colombia by La Dolcezza. This confectionery comes in three varieties: guava paste (Bocadillo de Guayaba), blackberry paste (Mora) and arequipe (Dulce de Leche). According to the information provided, the commercial name for the guava paste product and the blackberry paste product is “Quesadillo”. The arequipe product will be sold commercially as “Arequipillo.” All three varieties of this confectionery are wrapped in a white semi-hard cheese. They are packaged in a vacuum sealed polyethylene low density bag with a measurement of 28 cm length by 10 cm width by 4.0 thickness. They are all intended to be eaten as a handy, portable snack. The ingredients are as follows: 77 percent pasteurized cow’s milk, 23 percent guava paste (blackberry paste or arequipe), 1.0 – 1.5 percent sodium chloride and 0.5 percent 200 ppm natamycin (spray). The applicable subheading for the fruit snacks will be 1704.90.3590, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sugar confectionery (including white chocolate), not containing cocoa: other: confections or sweetmeats ready for consumption: other: other: other. The rate of duty will be 5.6 percent ad valorem. Articles classifiable under subheading 1704.90.3590, HTSUS, which are products of Colombia, may be entitled to duty-free treatment under the Generalized System of Preferences (GSP), or under the Andean Trade Preference Act (ATPA), upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP". The ATPA is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on ATPA, check our Web site at www.cbp.gov and search for the term “ATPA”. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Frank Troise at (646) 733-3031. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division