CLA-2-21:RR:NC:2:228 I85920

Mr. John Cammarano
F.C. Gerlach & Co. Inc.
290 Central Ave.
Lawrence, NY 11559

RE: The tariff classification of preserved fruit from Italy.

Dear Mr. Camarano:

In your letter dated June 17, 2002, and your facsimile transmission dated September 9, 2002, on behalf of Orlando Foods, you requested a tariff classification ruling.

The sample submitted with your letter was examined and disposed of. Mandarins in Grand Marnier consists of whole peeled mandarins (tangerines) in a liquid medium of hydroalcoholic solution, sugar, glucose syrup, Grand Marnier, flavors, and coloring. The tangerines are put up for retail sale in a glass jar with a wood top, containing 380 grams, net weight.

The applicable subheading for the Mandarins in Grand Marnier will be 2008.30.4800, Harmonized Tariff Schedule of the United States (HTS), which provides for fruit, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included…citrus fruit…other…mandarins (including tangerines and satsumas)…mandarins…other. The rate of duty will be 0.28 cents per kilogram.

Additional requirements are imposed on this product by the Bureau of Alcohol, Tobacco and Firearms (BATF). You may contact the BATF at:

Bureau of Alcohol, Tobacco and Firearms 650 Massachusetts Avenue N.W. Washington, D.C. 20226 Tel# 202-927-8110

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.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division