Brother Christian
Gethsemani Farms
Highway 247
Trappist, KY 40051

RE: The tariff classification of a mixture of dried fruit and nuts, from Chile

Dear Brother Christian:

In your letter dated October 2, 1991, and an undated letter received on December 6, 1991, you requested a tariff classification ruling. Two samples accompanied your letter. Product No. 1 consists of a wooden bowl filled with a mixture of dark raisins, shelled almonds, and shelled walnuts, sealed in a nitrogen-modified atmosphere in a "Cryovac" bag. The nuts and raisins, arranged in three distinct rows, have not been prepared or treated other than by drying. The purpose of the injected nitrogen is to prevent the bag from clinging to the food.

The applicable subheading for this product will be 0813.50.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for mixtures of nuts or dried fruits of...[chapter 8]...other. The duty rate will be 17.5 percent ad valorem.

The question of classification for product No. 2 is being referred to the Office of Regulations and Rulings, U.S. Customs Service Headquarters, 1301 Constitution Avenue, N.W., Washington D.C. 20229. A ruling will be issued to you from that office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director
New York Seaport