CLA-2-08:RR:NC:N2:228 M80895
Ms. Gloria Chau
Trader Joe’s Company
P.O. Box 5049
Monrovia, CA 91016-6346
RE: The tariff classification of fruit bars from New Zealand
Dear Ms. Chau:
In your letter dated February 16, 2006 you requested a tariff classification ruling.
Samples of four fruit bars and copies of the packaging for two “fibre fruit bars” were submitted with your letter. The samples were examined and disposed of. Annie’s All Fruit Bars (nectarine, plum, blackberry, and strawberry) are products in the form of thin, flexible strips, approximately 5 inches long, 1-1/4 inches wide, and 1/16 inch thick, put up for retail sale in clear plastic film wrappers, six strips in each package, weighing 40 grams, net weight. The fruit bars are composed of blends of pure fruit pulp, dried and shaped into strips. No colors, flavors, sweeteners, preservatives or other ingredients are added to the fruit. The nectarine product is composed of 80 percent apple and 20 percent nectarine. Plum consists of 77 percent apple and 23 percent plum. Blackberry is a blend of 85 percent apple and plum and 15 percent blackberry, and the strawberry variety contains 80 percent apple and plum and 20 percent strawberry.
In your letter, you suggest the fruit bars should be classified in subheading 0813.30.00, Harmonized Tariff Schedule of the United States (HTSUS), because the majority of the ingredients is apples. Subheading 0813.30.00, HTSUS, the provision for dried apples, cannot apply to these products. They are mixtures of dried fruits, which are specially provided for elsewhere.
The applicable subheading for the Annie’s All Fruit Bars will be 0813.50.0020, HTSUS, which provides for fruit, dried, other than that of headings 0801 to 0806; mixtures of nuts or dried fruits of this chapter…containing only fruit. The rate of duty will be 14 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 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 www.fda.gov/oc/bioterrorism/bioact.html.
Your inquiry does not provide enough information for us to give a classification ruling on the Fibre Fruit Bars. Your request for a classification ruling should include a complete ingredients breakdown, by weight, for all varieties. When this information is available, you may wish to consider resubmission of your request.
Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (CFR Part 134). The samples you have submitted do not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.
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