CLA-2-20:RR:NC:2:228 G89991

Ms. Alice Whitaker
San Lucas Ltd.
12 de Octubre y Lincoln
Torre 1492 Oficina 405
Quito - Ecuador

RE: The tariff classification of banana chips from Ecuador.

Dear Ms. Whitaker:

In your letter dated April 9, 2001, you requested a tariff classification ruling.

Samples submitted with your letter were examined and disposed of. Amazon Banana Chips (salted, chilli jalapeno, natural, and natural sweet) are thinly sliced, fried and seasoned bananas. They put up in individual plastic bags containing 50 grams, net weight.

The applicable subheading for the banana chips will be 2008.99.1500, Harmonized Tariff Schedule of the United States (HTS), 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…bananas…other. The rate of duty will be 0.8 percent ad valorem.

Articles classifiable under subheading 2008.99.1500, HTS, which are products of Ecuador, may be entitled to duty-free treatment under the Andean Trade Preference Act (ATPA) upon compliance with all applicable regulations.

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 212-637-7065.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division