CLA-2-21:OT:RR:NC:N2:228
Mr. Jon Brownbill
Paradise Fruits North America, LLC
1504 Providence Highway, Suite 7b
Norwood, MA 02062
RE: The tariff classification of food products from Germany
Dear Mr. Brownbill:
In your letter dated March 26, 2015, you requested a tariff classification.
Product specification sheets and samples were submitted with your letter. Additional information was provided with an email transmission dated April 2, 2015. The samples were examined and disposed of. Paradise Fruits brand Orange Fruit Juice Drops, Strawberry Fruit Juice Drops, and Apple Fruit Juice Drops are chewy, gummy-like food products in the form of small (approximately ½ inch in diameter) hemispheres, and are imported in 5-kg ploy bags, two bags in a cardboard box. The Orange Fruit Juice Drops contains approximately 89 percent apple juice concentrate, 4 percent orange juice concentrate, 4 percent banana flakes, and less than 2 percent each of pectin, flavors, lemon juice concentrate, and citrus fiber. The Strawberry Fruit Juice Drops consists of approximately 85 percent apple juice concentrate, 4 percent apple puree concentrate, 4 percent strawberry juice concentrate, 4 percent banana flakes, and less than 2 percent each of pectin, lemon juice concentrate, flavor, elderberry juice concentrate, and citrus fiber. The Apple Fruit Juice Drops is composed of approximately 86 percent apple juice concentrate, 7 percent apple puree concentrate, 4 percent banana flakes, and less than 2 percent, each, pectin, ascorbic acid, flavor, lemon juice concentrate, and citrus fiber.
The applicable subheading for the three products will be 2106.90.9998, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or included … other … other ... other. The general rate of duty will be 6.4 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 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 ww.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 [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division