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HQ 083892


April 18, 1989

CLA-2 CO:R:C:G 083892

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.99.13

Jerry P. Wiskin, Esq.
Freeman, Wasserman & Schneider
90 John Street
New York, New York 10038

RE: Classification of banana pulp from Ecuador.

Dear Mr. Wiskin:

Your letter of March 8, 1989, concerns the classification of a processed banana product under the Harmonized Tariff Schedules of the United States (HTSUS).

FACTS:

The processing of the product is described as follows: Green bananas are allowed to ripen, then they are peeled and the fruit is macerated by pumping through a "Moyno" pump, which extrudes the fruit through a ricer plate. Preservatives and stabilizers are added, the seed coat is removed, and the fruit homogenized. It is then sterilized by means of heat exchangers at a te,mperature of 240 degrees F. for 30 seconds at a pressure of 60 poun(]s per square inch. After it is cooled the fruit is packed into 55 gallon Scolle Dags for exportation. Subsequent to importation the processed bananas are blended with pineapple an(~ orange juice concentrates, and after water is added, themixture is packaged as a pineapple-orange-banana juice

ISSUE:

Classification of a banana product processed as outlined above under the HTSUS.

LAW AND ANALYSIS:

You point out that the banana product is not processed by any of the methods described in headings 2001-2003, cooking in 2002, or glazing or crystallizing in 2006, HTS. Yo~.i feel that it is covered by the explanatory notes to heading 2008 which ~esc~ibes a f~uit product included in that heading as a whole ~r~it which has been crushed and sterilized and which, in its imported condition, is not ready for direct consumption as a Deve~age. The explanatory notes also list under the heading's coverage, a sterilized fruit pulp, whether or not cooked. Fruit pulps are said to be usually prepared by forcing cooked fruit through an appropriate sized sieve. However, as noted, for the purposes of classification in heading 2008, while the pulp has to be sterilized, it does not have to be cooked.

HOLDING:

The banana product, produced in the manner described above, is sterilized banana pulp classifiable in subhheading 2008.99.13, HTSUS. The rate of duty is 7.5 percent ad valorem.

Products of Ecuador classifiable in subheading 2008.99.13, HTSUS, are entitled to duty free status under the Generalized System of Preferences, if all the requirements are satisfied.

Sincerely,

John Durant, Director
Commercial Rulings Division

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