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NY 864230


June 24, 1991

CLA-2-20:S:N:N1:228

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.92.1000; 2008.92.9090

Ms. Angela L. Tyner
Inorex, Inc.
18715 East Valley Highway
Kent, WA 98032

RE: The tariff classification of fruit desserts from Austria

Dear Ms. Tyner:

In your undated letter, received on June 12, 1991, you requested a tariff classification ruling.

Descriptive literature and ingredients breakdowns accompanied your letter. "Rote Grutze, regular," "Rote Grutze, light," "Blaue Grutze," and "Gelbe Grutze," are dessert products whose primary component (60 percent by weight) is a mixture of fruits. The fruit ingredients in the two "Rote" desserts are strawberries, cherries, raspberries, and red and black currants. The fruit mixture in "Blaue" is composed of plums, blackberries, blueberries, and black currants. The fruit mixture in "Gelbe" is peaches, apricots, pineapples, tangerines, apples, pears, mangoes, and plums. Other ingredients common to all products are water, modified cornstarch, and "thickener." Depending on variety, varying quantities of sugar, flavorings, coloring, or "sweetener" may also be present. The fruit desserts are packed in glass jars containing 250 or 500 grams.

The applicable subheading for the "Rote Grutze, regular," "Rote Grutze, light," and "Blaue Grutze" will be 2008.92.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for fruit...otherwise prepared or preserved...other...mixtures...in airtight containers and not containing apricots, citrus fruits, peaches or pears. The rate of duty will be 7 percent ad valorem.

The applicable subheading for the "Gelbe Grutze" will be 2008.92.9090, HTS, which provides for fruit...otherwise prepared or preserved... other...mixtures...other. the rate of duty will be 17.5 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on "Grune Grutze" and "Vanilla Sauce." Your request for a classification ruling should include samples of each product, and a complete description of the manufacturing process, including the procedures involved in filling and sealing the jars.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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