The tariff classification of fruit shapes from Germany

N071356 August 24, 2009 CLA-2-20:OT:RR:E:NC:N2:228 CATEGORY: Classification TARIFF NO.: 2008.92.9094, 2008.99.0500 Mr. Jonathan E. Brownbill Paradise Fruits North America LLC 1410 Providence Hwy Suite 106 Norwood, MA 02062 RE: The tariff classification of fruit shapes from Germany Dear Mr. Brownbill: In your letter dated August 7, 2009, you requested a tariff classification ruling. Ingredients breakdowns were submitted with your letter. Paradies Früchte Fruit Shapes (Apple-Peach, Apple-Orange, and Apple-Strawberry) are described as firm, semi-plastic snack foods consisting of apple puree concentrate (90.3- 93.3 percent), gelling, antisticking, and glazing agents. Depending upon flavor, the products also contain peach or strawberry puree, and peach, orange, cherry, strawberry, or purple carrot juice concentrate. The applicable subheading for the Paradies Früchte Apple-Peach and Apple-Strawberry Fruit Shapes will be 2008.92.9094, 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, including mixtures other than those of subheading 2008.19…mixtures… other…other. The rate of duty will be 14.9 percent ad valorem. The applicable subheading for the Apple-Orange Fruit Shapes will be 2008.99.0500, 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…other…apples. 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