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NY 816065



November 3, 1995

CLA-2-20:R:N2:228 816065

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.92.9094

Mr. Michael D. Rowe
TRADENZ
New Zealand Trade Development Board
New Zealand Embassy
37 Observatory Circle NW
Washington, DC 20008

RE: The tariff classification of fruit snacks from New Zealand.

Dear Mr. Rowe:

In your letters dated September 8, 1995 and October 12, 1995, on behalf of Annies Radford Produce, New Zealand, you requested a tariff classification ruling.

Two samples of "Annie's Fruit Wiggles" accompanied your first letter. Additional samples and a description of the manufacturing process accompanied your October letter. The samples were forwarded to the United States Customs Laboratory for analysis. "Summer Fun" is a blend of apricot, apple, nectarine and cherry fruit pulp, and "Cherrie Berry" is a mixture of cherry, apple and berryfruit pulp. The pulp has been pasteurized, dehydrated and shaped into solid forms measuring 5 inches long, 1 inch in width, and packaged in a cellophane wrapper. The results of the laboratory analysis revealed the packaging was not airtight.

The applicable subheading for the fruit snacks will be 2008.92.9094, Harmonized Tariff Schedule of the United States (HTS), which provides for fruit...otherwise prepared or preserved...other, including mixtures other than those of subheading 2008.19...other...other...other. The rate of duty will be 17.1 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 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 Stanley Hopard at 212-466-5760.

Sincerely,

Roger J. Silvestri
Director

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