CLA-2-20:OT:RR:NC:N2:228
Mr. R. Kevin Williams
Clark Hill PLC
130 E. Randolph Street
Chicago, IL 60601
RE: The tariff classification of a frozen blackberry puree from Serbia
Dear Mr. Williams:
In your letter dated July 29, 2021, you requested a tariff classification ruling on behalf of your client, Rahal International, Inc.
A sample, an ingredients breakdown, a manufacturing flowchart, and a narrative description of the manufacturing process accompanied your inquiry. The sample and documentation received with your request were forwarded to the Custom and Border Protection Laboratory for review. That review is now complete. We apologize for the delay in the issuance of this ruling.
The subject merchandise is described as a frozen blackberry puree that has a brix value of approximately 9.2 to 9.3. You state that no other ingredients are added to the product. Review of the sample exhibited a sealed silver colored pouch filled with a viscous purple liquid. The puree is said to be prepared by milling fresh or thawed blackberries, warming the milled fruit at temperatures of 40 to 50 degrees Celsius, placing the warmed milled fruit through a turbo extractor to separate the peels and seeds from the pulp, sieving, pasteurizing via heating to a temperature of 105 degrees Celsius for 30 seconds, packing into aseptic food grade barrels, and freezing for import to the U.S. The puree is sold to companies for use in the manufacture of beverages, smoothies, and other food products.
The applicable subheading for the frozen blackberry puree will be 2008.99.2140, 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 . . . other . . . berries . . . other . . . other. The general 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 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 Timothy Petrulonis at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division