The tariff classification of fruit snacks from Germany

N081298 November 2, 2009 CLA-2-20:OT:RR:NC:2:228 CATEGORY: Classification TARIFF NO.: 2008.99.0500 Mr. Jonathan Brownbill Paradise Fruits North America, LLC 1410 Providence Highway Norwood, MA 02062 RE: The tariff classification of fruit snacks from Germany Dear Mr. Brownbill: In your letters dated October 22, 2009 and October 29, 2009 you requested a tariff classification ruling. Product specifications for two products were submitted with your inquiry. The products are fruit-based, bite-size snack foods. Apple-Strawberry Fruit Shapes are said to be composed of approximately 91 percent apple puree concentrate, 5 percent strawberry juice concentrate, one percent cherry juice concentrate, and less than one percent, each, of purple carrot juice concentrate, pectin, vitamin C, anti-sticking and glazing agents, flavor, and fiber. Apple-Peach Fruit Shapes are said to consist of 92 percent apple puree concentrate, 5 percent peach juice concentrate, and less than one percent, each, of pectin, vitamin C, anti-sticking and glazing agents, flavor, and fiber. The applicable subheading for these fruit-based snack foods will be 2008.99.0500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for fruit…otherwise prepared or preserved…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