The tariff classification of fruit products from China

N119956 August 24, 2010 CLA-2-20:OT:RR:NC:2:228 CATEGORY: Classification TARIFF NO.: 2008.92.1040; 2008.92.9030 Mr. Matthew Shaw MGM, LLP 320 East 53rd Street New York, NY 10022 RE: The tariff classification of fruit products from China Dear Mr. Shaw: In your letter dated August 19, 2010, on behalf of Chiquita Brands International, Cincinnati, OH, you requested a tariff classification ruling. The products, “Duos,” are described as individually packaged combinations of two different fruits in a liquid medium, packed in sealed, airtight containers weighing 170 grams. Pineapple Guava Duo, product no. 94485, will be composed of approximately 42 percent pineapple chunks, 36 percent water, 13 percent apple juice concentrate, 9 percent guava puree, and less than one percent of citric acid and ascorbic acid. Pineapple Banana Duo, product no. 94484, will contain 33 percent water, 14 percent, each, of peach, pineapple, and pear chunks, 9 percent banana puree, 7 percent apple concentrate, 6 percent pineapple concentrate, 3 percent orange concentrate, and less than one percent of ascorbic acid, citric acid, and calcium lactate. Mango Peach Duo, product no. 94486, will consist of 42 percent peach chunks, 31 percent water, 14 percent apple juice concentrate, 13 percent mango puree, and less than one percent of ascorbic acid, citric acid, calcium lactate, and mango flavor. The applicable subheading for the Pineapple Guava Duo will be 2008.92.1040, 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…other, including mixtures…mixtures…in airtight containers and not containing apricots, citrus fruits, peaches or pears…other. The rate of duty will be 5.6 percent ad valorem. The applicable subheading for the Pineapple Banana and the Mango Peach Duos will be 2008.92.9030, HTSUS, which provides for fruit…otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter…other, including mixtures… other…packed in a liquid medium in airtight containers…containing peaches or pears…in containers each holding less than 1.4 kg. The rate of duty will be 14.9 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. Your inquiry does not provide enough information for us to give a classification ruling on Pomegranate Acai Duo, product no. 94487. Your request for a classification ruling should include clarification of the identity of the “apple concentrate” and “blueberry concentrate” ingredients. Are these ingredients concentrated fruit juices or are they concentrates of the fruits themselves (e.g., a concentrated puree)? When this information is available, you may wish to consider resubmission of your request. 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