The tariff classification of fruit flavored snacks from Germany

N068615 July 30, 2009 CLA-2-21:OT:RR:NC:2:228 CATEGORY: Classification TARIFF NO.: 2106.90.9998 Mr. Peter Diamond American Lamprecht Transport, Inc. 700 Rockaway Turnpike Lawrence, NY 11559 RE: The tariff classification of fruit flavored snacks from Germany Dear Mr. Diamond: In your letter dated July 14, 2009, on behalf of Paradise Fruit North America, Norwood, MA, you requested a tariff classification ruling. Samples and technical information were submitted with your letter. The samples were examined and disposed of. “Fruit Shapes” (apple-peach, apple-orange, apple-strawberry, and apple-grape) are chewy, gummi-like snack foods in the form of small (1/2-inch) hemi-spheres or half-moons, smooth-textured or embossed to resemble the surface of a particular fruit. All are composed of apple juice concentrate (57-63 percent), apple puree concentrate (31-33 percent), pectin, vitamin C, flavor, vegetable oil, carnauba wax, and bees wax. Other ingredients, depending on variety, are peach puree, peach juice concentrate, orange juice concentrate, strawberry puree, cherry juice concentrate, grape juice concentrate, and purple carrot juice concentrate. The applicable subheading for these fruit-flavored snacks will be 2106.90.9998, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or included…other…other…other. The rate of duty will be 6.4 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