CLA-2-20:OT:RR:NC:N2:228
Mr. John F. Peterson
C.H. Powell Company
20013 S. Rancho Way
Rancho Dominguez, CA 90220
RE: The tariff classification of fruit clusters from China
Dear Mr. Peterson:
In your letter dated October 1, 2012, you requested a tariff classification ruling on behalf of Brothers International Food Corporation, Rochester, NY.
Descriptive literature and process information accompanied your inquiry. Additional information was submitted via email transmissions dated October 18, and October 19, 2012. Four varieties of Brothers All Natural Fruit Clusters were identified in your letter - Apple, Apple/Raspberry, Apple/Blueberry, and Strawberry/Banana. The products are made from peeled (fruit specific), diced, fresh named fruits, combined with small amounts of apple juice concentrate and pectin, extruded into ball-shaped, freeze dried, and bagged for retail sale.
In your letter, you suggested the products may fall in subheading 2106.90.9998, Harmonized Tariff Schedule of the United States (HTSUS), the provision for other food preparations not elsewhere specified or included. Based on the products’ ingredient composition and the manufacturing processes, they will be classified elsewhere.
The applicable subheading for the apple/raspberry clusters, the apple/blueberry clusters, and the strawberry/banana clusters, when packed in airtight containers, will be 2008.97.1040, 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 … mixtures … in airtight containers and not containing apricots, citrus fruits, peaches or pears … other. The rate of duty will be 5.6 percent ad valorem. When not in airtight containers, the applicable subheading for the three products will be 2008.97.9094, 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 … mixtures … other … other. The rate of duty will be 14.9 percent ad valorem.
The applicable subheading for the apple clusters will be 2008.99.0500, 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 … apples. The rate of duty will be 0.9 cents per kilogram.
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 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 Bruce N. Hadley, Jr. at (646) 733-3029.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division