CLA-2-20:OT:RR:NC:N4:228
Ms. Christi Roos
M-PACT Solutions
P.O. Box 30209
4294 Swinnea Road
Memphis, TN 38118
RE: The tariff classification of fruit rolls from South Africa
Dear Ms. Roos:
In your letter dated April 18, 2017 you requested a tariff classification ruling.
Ingredients breakdowns, a description of the manufacturing process, a manufacturing flow chart, illustrative literature, product specification sheets, and samples for three products accompanied your letter. The samples were examined and discarded. Strawberry and raspberry fruit rolls are each said to contain 58 percent apples, 32 percent pears, 10 percent strawberries, or 10 percent raspberries, respectively, and trace amounts of black carrot extract, respectively. Apple fruit rolls are said to contain 70 percent apples, 30 percent pears and trace amounts of spirulina.
In your letter, you suggested the fruit rolls would be classified under subheading 2008.99.0500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included . . . other . . . apples. Based on the manufacturing process, they will be classified elsewhere.
The applicable subheading for the strawberry, raspberry and apple fruit rolls will be 2007.99.6520, Harmonized Tariff Schedule of the United States (HTSUS), which provides for jams, fruit jellies, marmalades, fruit or nut puree and fruit or nut pastes, obtained by cooking, whether or not containing added sugar or other sweetening matter . . . other . . . other . . . pastes and purees . . . other . . . other. The general rate of duty will be 10 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 https://hts.usitc.gov/current.
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 [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division