CLA-2-20:OT:RR:NC:N2:228

Ms. E. Lisa Hill
Ocean Spray International Services
One Ocean Spray Drive
Lakeville-Middleboro, MA 02349

RE: The tariff classification of sweetened dried cranberries from Chile

Dear Ms. Hill:

In your letter dated April 2, 2013, you requested a tariff classification ruling.

A description of manufacturing process accompanied your letter. The products are ready-to-eat, sweetened dried cranberries (Vaccinium macrocarpon) in different flavors, preserved by osmotic dehydration process, coated with sunflower oil, and packed in plastic bags. The finished products are said to contain 58 – 76 percent sugar. Other stated ingredients are glycerin, citric acid, and natural fruit flavor such as cherry, pomegranate, strawberry or raspberry. The sweetened dried cranberries are sold as a retail snack product or used as an ingredient in food preparation for human consumption.

The applicable subheading for the sweetened dried cranberries will be 2008.93.0000, Harmonized Tariff Schedule of the United States (HTSUS), 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 … other, including mixtures other than those of subheading 2008.19 … cranberries (Vaccinium macrocarpon, Vaccinium oxycoccos, Vaccinium vitis-idaea). The rate of duty will be 4.5 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 the 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 Bruce N. Hadley, Jr. at (646) 733-3029.

Sincerely,

Thomas J. Russo
Director
National Commodity Specialist Division