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NY 864652


July 19, 1991

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.20.0010; 2008.20.0090; 2008.99.1800; 2008.99.2000

Mr. James F. Carroll
J.M. Rodgers Co., Inc.
90 West Street
New York, NY 10006-1039

RE: The tariff classification of fruit nuggets from France

Dear Mr. Carroll:

In your letter dated June 26, 1991, on behalf of BMT Commodity Corp, you requested a tariff classification ruling.

Descriptive literature and three samples accompanied your letter. The sample of "natural raspberry nuggets" was forwarded to the U.S. Customs laboratory for analysis. The "blueberry nugget" and "pineapple nugget" samples were examined and disposed of. The products are said to be made from fruit puree, sucrose or dextrose, sodium alginate, calcium orthophosphate, citric acid, potassium citrate, flavoring, and coloring. The ingredients are mixed, allowed to gel, cut and dried. The fruit nuggets are produced in the form of strips, cubes measuring 5-6 millimeters, or "granules" measuring 1-3 or 3-5 millimeters, and will be used as ingredients in cereals, baked goods, confections, and other food products.

The applicable subheading for the pineapple nuggets, when containing sucrose, will be 2008.20.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for fruit...otherwise prepared or preserved...pineapples...containing cane and/or beet sugar. When the product is prepared without sucrose, it will be classified in subheading 2008.20.0090, HTS. In either case, the rate of duty will be .55 cents per kilogram.

The applicable subheading for the blueberry nuggets will be 2008.99.1800, which provides for fruit...otherwise prepared or preserved...other...berries...blueberries. The rate of duty will be 3.5 percent ad valorem.

The applicable subheading for the raspberry nuggets will be 2008.99.2000, HTS, which provides for fruit...otherwise prepared or preserved...other...berries...other. The rate of duty will be 7 percent ad valorem.

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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