The tariff classification of a frozen fruit pulp from Greece

N257178 September 18, 2014 CLA-2-08:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 0811.90.8040 Ms. Maraike Harten Lamex Agrifoods, Inc. 80 S.W. 8th Street, Suite 2590 Miami, FL 33130 RE: The tariff classification of a frozen fruit pulp from Greece Dear Ms. Harten: In your letters dated August 19 and September 11, 2014, you requested a tariff classification ruling. A description of the manufacturing process accompanied your August letter. A sample and process flow chart were submitted with your September letter. The sample was examined and disposed of. “Dark Sweet Cherry Puree” is prepared from cherries that have been pitted, mashed, homogenized and sieved to form a fine pulp with no fruit particulates. The pulp is not pasteurized and is packed in food grade bags inside cartons of less than 44 lbs. The product is then frozen. The frozen pulp is used for further food manufacturing applications including beverages and yogurt bases. Examination of the thawed sample found the product was a dark red, watery and pulpy product. The applicable subheading for the product will be 0811.90.8040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for fruit ... uncooked or cooked by steaming or boiling in water, frozen, whether or not containing added sugar or other sweetening matter ... other ... cherries ... sweet varieties. The general rate of duty will be 14.5 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 the 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 ww.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 Bruce N. Hadley, Jr. at bruce.hadleyjr@cbp.dhs.gov. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division