Mr. Kevin Williams
Rodriguez O’Donnell Ross Fuerst
Gonzalez Williams & England, P.C.
8430 West Bryn Mawr Avenue
Chicago, IL 60631
RE: The tariff classification of fruit purees from China, Chile, and Poland
Dear Mr. Williams:
In your letter dated May 17, 2006, on behalf of Rahal Foods, Inc., Oak Brook, IL, you requested a tariff classification ruling.
A description of the manufacturing operations and a production flow chart were submitted with your letter. The products, concentrated apricot, peach, and strawberry fruit purees, are prepared in similar manner. The apricot and peach purees are prepared from fresh fruit that is washed, pitted, milled, de-aerated, heated at 85 to 95 degrees Centigrade for one to one and one half minutes to inactivate enzymes, passed through a pulper and finisher, evaporated to 30-32 degrees Brix, sterilized, and packed in aseptic bags. The strawberry puree is prepared from frozen berries that are thawed, milled, heated at 40 to 45 degrees Centigrade to inactivate enzymes, passed through screens with progressively smaller apertures, evaporated to 20-22 degrees Brix, sterilized, and packed in aseptic bags.
In your letter, you suggested the concentrated purees should be classified in subheading 2009.90.60 (sic., 2009.80.60), Harmonized Tariff Schedule of the United States (HTSUS), as other fruit juices. We do not agree. Based on the manufacturing process you described, these goods will fall in heading 2007, HTSUS.
The applicable subheading for the concentrated strawberry puree will be 2007.99.6000, HTSUS, which provides for jams, fruit jellies, marmalades, fruit or nut puree and fruit or nut pastes, obtained by cooking…other…pastes and purees…strawberry. The rate of duty will be 12 percent ad valorem.
The applicable subheading for the concentrated apricot and peach purees will be 2007.99.6500, HTSUS, which provides for jams, fruit jellies, marmalades, fruit or nut puree and fruit or nut pastes, obtained by cooking…other…pastes and purees…other. The 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 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.
Robert B. Swierupski