CLA-2-08:OT:RR:NC:N2:228

Ms. Ricki Duran
American Lamprecht Transport, Inc.
700 Rockaway Turnpike
Lawrence, NY 11559

RE: The tariff classification of a dried fruit mixture from Germany

Dear Ms. Duran:

In your letters dated October 3, 2008 and November 4, 2008 you requested a tariff classification ruling.

Product specification sheets were submitted with your first letter. Article no. 19096 FD-Organic Fruit Blend, is a blend of three freeze-dried organic fruits. The blend is said to consist of 65 percent raspberry “grit” (0-6 millimeters), 25 percent strawberry pieces (2-5 millimeters), and 10 percent whole, wild blueberries. The fruit blend, containing no preservatives or other additives, will be imported in cartons weighing 10 to 15 kilograms, net weight.

The applicable subheading for this dried fruit mixture will be 0813.50.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for fruit, dried…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.

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