The tariff classification of fruit products from France

N152982 March 16, 2011 CLA-2-20:OT:RR:NC:2:228 CATEGORY: Classification TARIFF NO.: 2008.92.1040; 2008.99.0500 Ms. Diane Weinberg Meeks, Sheppard, Leo & Pillsbury 355 Lexington Avenue New York, NY 10017 RE: The tariff classification of fruit products from France Dear Ms. Weinberg: In your letter dated February 18, 2011, on behalf of Charles Faraud, Monteux, France, you requested a tariff classification ruling. Ingredients breakdowns for six products, a process flow chart, and two samples were submitted with your letter. Additional information was provided in an email transmission dated March 8, 2011. The samples were examined and disposed of. The products, “fruit crushers,” are fruit snack products consisting of one or more “crushed” fruits, put up for retail sale in foil pouches with a twist-off cap, containing 90 grams, net weight, four pouches in a cardboard box. Six different varieties are described in your letter – applesauce crushers, apple carrot fruit sauce crushers, apple cinnamon sauce crushers, apple banana sauce crushers, apple strawberry sauce crushers, and apple mango crushers. All products contain “crushed” apples (77.94 to 99.95 percent), and citric and/or ascorbic acid. Other ingredients, depending on variety, are mango puree, strawberry puree, banana puree, carrot juice, pumpkin juice, blackcurrant juice, acerola juice, cinnamon, and natural flavor. The products are prepared from fresh apples that are peeled and “crushed,” combined with the other ingredients, pasteurized, sieved, hot-filled into pouches, sealed, pasteurized, cooled and packed. Examination of samples found the products to have an applesauce-like appearance and consistency. The applicable subheading for the apple banana crushers, apple strawberry sauce crushers, and apple mango sauce crushers will be 2008.92.1040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for fruit…otherwise prepared or preserved…not elsewhere specified or included…other, including mixtures…mixtures…in airtight containers and not containing apricots, citrus fruits, peaches or pears…other. The rate of duty will be 5.6 percent ad valorem. The applicable subheading for the applesauce crushers, apple carrot fruit sauce crushers, and apple cinnamon sauce crushers will be 2008.99.0500, HTSUS, which provides for fruit… otherwise prepared or preserved…not elsewhere specified or included…other…other…apples. The rate of duty will be 0.9 cents per kilogram. 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