CLA-2-20:S:N:N1:228

Mr. Kevin B. Madden
The Myers Group (U.S.), Inc.
2802 NW 79th Avneue
Miami, FL 33122

RE: The tariff classification of fruit and vegetable pastes from Argentina

Dear Mr. Madden:

In your letter dated August 24, 1990, on behalf of Grim International, Pembroke Pines, Florida, you requested a tariff classification ruling.

Samples, submitted with earlier correspondence, were examined and disposed of. Dulce de Batata, Dulce de Batata con Chocolate, and Dulce de Membrillo are firm, jelly-like products packed in metal containers holding 700 grams, net weight. The products are consumed as desserts or snacks, either by slicing or with a spoon; the consistency is too firm for spreading. Dulce de Batata contains 41 percent sweet potato, 12.5 percent grape sugar, 46 percent corn syrup, and .5 percent agar. Dulce de Batata con Chocolate is made from 40 percent sweet potato, 12 percent grape sugar, 45.5 percent corn syrup, 2 percent "powdered chocolate," and .5 percent agar. Dulce de Membrillo consists of 54 percent membrillo (quince), 24 percent grape sugar, and 22 percent corn syrup.

The applicable subheading for the Dulce de Membrillo will be 2007.99.4800, Harmonized Tariff Schedule of the United States (HTS), which provides for jams, fruit jellies, marmalades, fruit or nut purees, and fruit or nut pastes...pastes and purees...apple, quince, and pear. The duty rate will be 15 percent ad valorem. The applicable subheading for Dulce de Batata and Dulce de Batata con Chocolate will be 2008.99.8000, HTS, which provides for other edible parts of plants, otherwise prepared or preserved...other...other...pulp. The rate of duty will be 15 percent ad valorem.

Articles classifiable under subheading 2007.99.4800, HTS, which are products of Argentina, are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

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.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport