Ms. Danielle Darnauer
Lamex Agrifoods, Inc.
80 SW 8th Street – Suite 2800
Miami, FL 33130
RE: The tariff classification of frozen red raspberry puree from Serbia
Dear Ms. Darnauer:
In your letter dated March 19, 2016, you requested a tariff classification ruling.
A production flowchart accompanied your inquiry. The product is said to be red raspberries that are prepared by crumbling and milling, heated for three to five minutes for pasteurization, cooled, packed into 55 gal. (200 liter) airtight steel drums with two food grade poly liners locked with a metal ring seal, and frozen for shipment. You state that no other ingredients are added to the product to preserve or stabilize it until used. The product is sold to companies that manufacture juices, smoothies, sauces and jams for intended use.
You classified the product in subheading 0811.20.2025, Harmonized Tariff Schedule of the United States (HTSUS), which provides for fruit and nuts, uncooked or cooked by steaming or boiling in water, frozen, whether or not containing added sugar or other sweetening matter. Based on the ingredients and the manufacturing process, the product will be classified elsewhere.
The applicable subheading for the frozen red raspberry puree will be 2008.99.2120, 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, including mixtures other than those of subheading 2008.19 . . . other . . . berries . . . other . . . red raspberries. 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 Bruce N. Hadley, Jr. at bruce.hadleyjr.cbp.dhs.gov.
Steven A. Mack
National Commodity Specialist Division