The tariff classification of BEAR yoyo fruit rolls from South Africa

N283289 March 10, 2017 CLA-2-08:OT:RR:NC:N4:228 CATEGORY: Classification TARIFF NO.: 0813.40.9000 Ms. Christi Roos M-PACT Solutions P.O. Box 30209 4294 Swinnea Road Memphis, TN 38118 RE: The tariff classification of BEAR yoyo fruit rolls from South Africa Dear Ms. Roos: In your letter dated February 1, 2017 you requested a tariff classification ruling. Ingredients breakdowns, a description of the manufacturing process, a manufacturing flow chart, illustrative literature and samples for four products accompanied your letter. The samples were examined and discarded. Mango BEAR yoyo fruit rolls are said to contain 41 percent apples, 41 percent pears, and 18 percent mango. In your letter, you suggested the BEAR yoyo fruit rolls would be classified under subheading 2008.99.0500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included: other: apples. Based on the manufacturing process, it will be classified elsewhere. The applicable subheading for the mango BEAR yoyo fruit rolls will be 0813.40.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for fruit, dried, other than that of headings 0801 to 0806; mixtures of nuts or dried fruits of this chapter… other fruit… other. The general rate of duty will be 2.5 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 the World Wide Web at https://hts.usitc.gov/current. There is not enough information to issue a binding ruling on the strawberry BEAR yoyo, the raspberry BEAR yoyo, and the apple BEAR yoyo fruit rolls. Should you want a binding ruling on these products, please provide the function of the black carrot extract, the function of the spirulina, a detailed explanation of the blending process, and the puree process. 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 Bruce N. Hadley Jr. at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division