The tariff classification and status under the United States-Australia Free Trade Agreement (UAFTA), of fruit products from Australia.

N159055 May 4, 2011 CLA-2-20:OT:RR:NC:2:228 CATEGORY: Classification TARIFF NO.: 2008.92.9094 Mr. John Greenlee John A. Steer Co. 28 South 2nd Street Philadelphia, PA 19106 RE: The tariff classification and status under the United States-Australia Free Trade Agreement (UAFTA), of fruit products from Australia. Dear Mr. Greenlee: In your letter dated April 5, 2011, on behalf of Ice Box Foods, Inc., Calistoga, CA, you requested a ruling on the status of fruit products from Australia under the UAFTA. Product specification sheets and production flow charts were submitted with your letter. Samples, submitted with earlier correspondence, were examined and disposed of. The products, described as “baby foods,” are soft, homogenous fruit preparations composed of a blend of sterilized fruit pulps, put up for retail sale in pouches containing 120 grams, net weight. Product XSRB-40045v2, Apple, Pear, Banana, Mango is composed of 35 percent apples, 30 percent pears, 30 percent bananas, and 5 percent mangoes. Product XSRB-40048v2, Pear, Banana and Forest Fruits consists of 60 percent pears, 25 percent bananas, 5 percent blueberries, 5 percent raspberries, and 5 percent strawberries. Product XSRB-40046v2, Apple Pear, Banana, Cinnamon is a blend of 60 percent apples, 29.9 percent pears, 10 percent bananas, and 0.1 percent cinnamon. The apple and pear ingredients are products of New Zealand, the banana ingredient is a product of Costa Rica, the blueberries, raspberries, and strawberries are products of Poland, and the mango is a good of Australia. The fruits are milled, finished, pasteurized and aseptically packed in their respective countries of origin. In Australia, the fruits are blended in the prescribed proportions, further reduced in size, pasteurized, hot-filled into pouches, re-heated, cooled, and packaged for export. The applicable tariff provision for these three products will be 2008.92.9094, Harmonized Tariff Schedule of the United States (HTSUS), which provides for fruit, otherwise prepared or preserved…other…mixtures…other…other…other. The general 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/. General Note 28(b), HTSUS, sets forth the criteria for determining whether a good is originating under the UAFTA. General Note 28(b), HTSUS, (19 U.S.C. § 1202) states, in pertinent part, that For the purposes of this note, subject to the provisions of subdivisions (c), (d), (m) and (n) thereof, a good imported into the customs territory of the United States is eligible for treatment as an originating good of a UAFTA country under the terms of this note only if (i) the good is a good wholly obtained or produced entirely in the territory of Australia or of the United States, or both; (ii) the good was produced entirely in the territory of Australia or of the United States, or both, and— (A) each of the nonoriginating materials used in the production of the good undergoes an applicable change in tariff classification specified in subdivision (n) of this note; (B) the good otherwise satisfies any applicable regional value content requirement referred to in subdivision (n) of this note; or (C) the good meets any other requirements specified in subdivision (n) of this note; and such good satisfies all other applicable requirements of this note; (iii) the good was produced entirely in the territory of Australia or of the United States, or both, exclusively from materials described in subdivision (b)(i) or (b)(ii) of this note; or (iv) the good otherwise qualifies as an originating good under this note, and is imported directly into the customs territory of the United States from the territory of Australia. The merchandise does not qualify for preferential treatment under the UAFTA because none of the above requirements are met. 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. Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter, to the Director, Commercial Rulings Division, U.S. Customs and Border Protection, Regulations & Rulings, 799 9th Street N.W. - 7th floor, Washington, DC 20229-1177. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division