The tariff classification of fruit snacks from France

N153981 March 29, 2011 CLA-2-20:OT:RR:NC:2:228 CATEGORY: Classification TARIFF NO.: 2008.92.1040; 2008.92.9094; 2008.99.0500 Mr. Bill Skinner William B. Skinner, Inc. 300-3C Route 17 South Lodi, NJ 07644 RE: The tariff classification of fruit snacks from France Dear Mr. Skinner: In your letter dated March 15, 2011, on behalf of Materne, Limonest, France, you requested a tariff classification ruling. A product data sheet was submitted with your letter. The products, GoGo Squeez Fruit Specialty, are described as fruit snacks with an applesauce consistency, packed for retail sale in foil pouches with a twist-off cap, containing 3.2 ounces, net weight. Five varieties are described in your letter. Apple Strawberry Banana Blackcurrant is said to be composed of 62.4 percent apples, 21.6 percent strawberries, 8 percent bananas, 7 percent apple juice concentrate, and one percent blackcurrant. Apple Banana consists of 76.1 percent apples, 20.4 percent bananas, 3.3 percent apple juice concentrate, and less than one percent lemon juice concentrate. Apple Pear contains 52.9 percent apples, 39.9 percent pears, 7 percent pear juice concentrate, and less than one percent lemon juice concentrate. Apple Peach is made from 67.6 percent apples, 25.1 percent peaches, and 7.3 percent apple juice concentrate. Apple Cinnamon is 99.9 percent apples and 0.1 percent cinnamon. In your letter, you suggested all products should be classified in subheading 2008.99.0500, Harmonized Tariff Schedule of the United States (HTSUS), the provision for apples, otherwise prepared or preserved. Four of the five products, however, are mixtures of two or more fruits, and are provided for elsewhere. The applicable subheading for the Apple Strawberry Banana Blackcurrant and the Apple Banana products, if in airtight containers, 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…not elsewhere specified or included…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 Apple Strawberry Banana Blackcurrant and the Apple Banana products, when in containers that are not airtight, and for the Apple Peach and Apple Pear products, will be 2008.92.9094, HTSUS, which provides for fruit…otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter…not elsewhere specified or included…other…including mixtures…mixtures…other…other…other. The rate of duty will be 14.9 percent ad valorem. The applicable subheading for the Apple Cinnamon product will be 2008.99.0500, HTSUS, which provides for fruit…otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter…not elsewhere specified or included…other…including mixtures…other…other…other…other. 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