The tariff classification of fruit products from Thailand

N086268 December 23, 2009 CLA-2-20:OT:RR:NC:2:228 CATEGORY: Classification TARIFF NO.: 2008.20.0010; 2008.99.0500; 2008.99.4000 Mr. S. Richard Shostak Stein Shostak Shostak Pollack & O’Hara, LLP 865 South Figueroa Street Los Angeles, CA 90017 RE: The tariff classification of fruit products from Thailand Dear Mr. Shostak: In your letter dated November 24, 2009, on behalf of Dole Packaged Foods, LLC, you requested a tariff classification ruling. A description of the manufacturing process and an illustration of the packaged products were submitted with your letter. “Dole Real Fruit Bites,” are described as bite-sized chunks of dried apple, mango, or pineapple, infused with sugar, flavored, coated with yogurt, and sprinkled with toasted oats, packaged for retail sale in single-serve pouches containing 0.75 ounce, net weight. The applicable subheading for the pineapple Real Fruit Bites will be 2008.20.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for fruit…otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included…pineapples…containing cane and/or beet sugar. The rate of duty will be 0.35 cents per kilogram. The applicable subheading for the apple Real Fruit Bites will be 2008.99.0500, HTSUS, which provides for fruit…otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included…other…other…apples. The rate of duty will be 0.9 cents per kilogram. The applicable subheading for the mango Real Fruit Bites will be 2008.99.4000, HTSUS, which provides for fruit…otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included…other…other…mangoes. The rate of duty will be 1.5 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/. Articles classifiable under subheading 2008.99.4000, HTSUS, which are products of Thailand are currently entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP, however, is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term “GSP”. 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