The tariff classification of fruit products from France

N296658 June 1, 2018 CLA-2-21:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 2106.90.9898 Mr. Robert Leo Meeks, Sheppard, Leo & Pillsbury 570 Lexington Avenue New York, NY 10022 RE: The tariff classification of fruit products from France Dear Mr. Leo: In your letter dated May 2, 2018, you requested a tariff classification ruling on behalf of your client, Charles and Alice, in Lancaster, PA. Product specification sheets, ingredients breakdowns, manufacturing flowcharts, narrative descriptions of the manufacturing processes, and samples accompanied your inquiry. The samples were examined and discarded. The products, “Fruit Probiotics”, are said to be food supplements for digestive health. The fruits are various mixed fruit purees and fruit chunks, and the probiotics are Bacillus Coagulans BCI-30, 6086. The “Orchard Pear” product is said to contain apples, pears, pear chunks, and trace amounts of pear aroma, ascorbic acid, and probiotics. The “Mango Tango” product is said to contain apples, mango puree, mango chunks, and trace amounts of mango aroma, ascorbic acid, and probiotics. The “Southern Peach” product is said to contain apples, peach puree, peach chunks, and trace amounts of peach aroma, ascorbic acid, and probiotics. The “Tropical Coconut Lime” product is said to contain apples, coconut milk, lemon juice, grated coconut, and trace amounts of coco aroma, ascorbic acid, and probiotics. The products will be imported in retail packaging containing four 3.75 to 4 ounce cups, net weight. The applicable subheading for the four “Fruit Probiotics” products will be 2106.90.9898, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or included . . . other . . . other . . . other . . . other . . . other . . . other. The general rate of duty will be 6.4 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 https://hts.usitc.gov/current. 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 “Berry Bliss”. Your request for a classification ruling should include a product specification sheet, an ingredients breakdown, manufacturing flowchart, and narrative description of the manufacturing process. When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the necessary material. 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, Steven A. Mack Director National Commodity Specialist Division