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NY 816781




December 6, 1995

CLA-2-20:RR:NC:FC:228 816781

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.99.5000

Ms. Carol Joyce Burger
Epicureo, Inc.
P.O. Box 21614
Seattle, WA 98111

RE: The tariff classification of prepared papaya from Chile

Dear Ms. Burger:

In your letter dated November 8, 1995 you requested a tariff classification ruling.

Samples and specification sheets were submitted with your letter. The samples were examined and disposed of. "Ababai Fruit" consists of whole, peeled and seeded papaya, put up in syrup in a glass jar. "Ababai Marmalade" consists of small chunks of papaya fruit suspended in a thick gel, put up in a glass jar. An ingredients statement for this product indicates it contains 50 percent fruit, 30 percent sugar, and 20 percent water.

The applicable subheading for these products will be 2008.99.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for fruit, otherwise prepared or preserved...other...other...papayas...other. The duty rate will be 3.6 percent ad valorem.

Articles classifiable under subheading 2008.99.5000, HTS, which are products of Chile are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations, if the GSP is renewed.

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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