The tariff classification of boysenberry pulp from Chile

N094358 March 2, 2010 CLA-2-20:OT:RR:NC:2:228 CATEGORY: Classification TARIFF NO.: 2008.99.2090 Mr. John Staib J.E.S. Forwarding, Inc. 30 Montgomery Street Jersey City, NJ 07302 RE: The tariff classification of boysenberry pulp from Chile Dear Mr. Staib: In your letter dated February 13, 2010, on behalf of Lamex Foods, Inc., Bloomington, MN, you requested a tariff classification ruling. A description of the production process and a product specification sheet were submitted with your letter. The product is described as a smooth and homogenous single strength puree, prepared from boysenberries that have been washed, crushed, refined, sterilized, and aseptically packed into metallized bags inside plastic-lined metal drums. No separation of solid from liquid matter has taken place, nor has the product been concentrated. The applicable subheading for the boysenberry pulp will be 2008.99.2090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for fruit…otherwise prepared or preserved…not elsewhere specified or included…other…other…berries…other…other. The rate of duty will be 4.5 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 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