N123815 N1 Ruling Active

The tariff classification of a fruit preparation from China

Issued October 5, 2010 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 2008.40.0020

Headings: 2008

Product description

Blueberry Pomegranate Pear Duo, product no. 94500, is a snack or dessert item consisting of fruit and fruit juices packed in a sealed, airtight container holding 170 grams, net weight. The product is composed of pear chunks, water, apple juice concentrate, blueberry juice concentrate, pomegranate juice concentrate, calcium lactate, ascorbic acid, and citric acid.

CBP rationale

170 grams, net weight. The product is composed of pear chunks, water, apple juice concentrate, blueberry juice concentrate, pomegranate juice concentrate, calcium lactate, ascorbic acid, and citric acid. The applicable subheading for this product will be 2008.40.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for fruit…otherwise prepared or preserved…whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included…pears…in containers each holding less than 1.4 kg. The rate of duty will be 15.3 percent ad valorem. 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.

Full text

N123815 October 5, 2010 CLA-2-20:OT:RR:NC:2:228 CATEGORY: Classification TARIFF NO.: 2008.40.0020 Mr. Matthew Shaw McCullough Ginsberg Montano & Partners 320 East 53rd Street New York, NY 10022 RE: The tariff classification of a fruit preparation from China Dear Mr. Shaw: In your letters dated September 16, 2010 and September 28, 2010, on behalf of Chiquita Brands International, you requested a tariff classification ruling. Blueberry Pomegranate Pear Duo, product no. 94500, is a snack or dessert item consisting of fruit and fruit juices packed in a sealed, airtight container holding 170 grams, net weight. The product is composed of pear chunks, water, apple juice concentrate, blueberry juice concentrate, pomegranate juice concentrate, calcium lactate, ascorbic acid, and citric acid. The applicable subheading for this product will be 2008.40.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for fruit…otherwise prepared or preserved…whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included…pears…in containers each holding less than 1.4 kg. The rate of duty will be 15.3 percent ad valorem. 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 Stanley Hopard at (646) 733-3029. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division

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