CLA-2-08:OT:RR:NC:2:228

Mr. Jeff Moats
Amazon Origins, LLC
1550 Galleon Dr.
Naples, FL 34102-7716

RE: The tariff classification of frozen camu-camu fruit from Brazil

Dear Mr. Moats:

In your letter dated May 17, 2010, you requested a tariff classification ruling.

Camu-camu (Myrciaria dubia) fruit are small, cherry-like fruits of a tree indigenous to the Amazon rainforest. The fruit will be imported in an individually quick frozen (IQF) condition, packaged in plastic bags of 5 kilograms and placed in boxes. After importation, the fruit will be thawed and processed into single strength puree and clarified juice to be used in the industrial food and beverage manufacturing industries.

The applicable subheading for the frozen camu-camu fruit will be 0811.90.8080, 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…other…other. The rate of duty will be 14.5 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 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 telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

Additionally, this merchandise may be subject to additional restrictions or conditions imposed by the United States Department of Agriculture and/or Food and Drug Administration. It is suggested that you contact your local USDA and FDA field offices for more information.

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.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division