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NY A83693





May 24, 1996

CLA-2-17:RR:NC:FC:232 A83693

CATEGORY: CLASSIFICATION

TARIFF NO.: 1704.90.3505

Mr. David Abuschinow
Trugman-Nash, Inc.
90 West Street
New York, NY 10008

RE: The tariff classification of Fruit Snacks from Australia.

Dear Mr. Abuschinow:

In your letter dated May 3, 1996, you requested a tariff classification ruling.

You submitted samples and descriptive literature with your request. The merchandise in question is a dried, flattened, sweetened fruit paste which is cut into rectangles of approximately 2 inches by 4 inches and wrapped in cellophane, to be eaten as a handy, portable snack. The total sugar content after fructose has been added is 8 grams of sugar per 15 grams of total product. It will be imported in six flavors: apple, strawberry, apricot, wildberry, raspberry, and tropical.

The apple flavor is said to consist of 60.5 percent apple, 39 percent fructose syrup, and traces of cinnamon. The strawberry flavor is stated to contain 50 percent apple, 40 percent fructose syrup, 9 percent strawberry, and traces of colors and flavors. The apricot flavor is stated to contain 52 percent apple, 40 percent fructose syrup, 7.5 percent apricot, and traces of colors and flavors. The wildberry flavor is stated to contain 50 percent apple, 40 percent fructose syrup, 4 percent strawberry, 3 percent raspberry, 2 percent blackberry, and traces of colors and flavors. The raspberry flavor is said to consist of 52 percent apple, 40 percent fructose syrup, 7 percent raspberry, and traces of colors and flavors. The tropical flavor is stated to contain 50 percent apple, 40 percent fructose syrup, 5 percent pineapple, 2 percent passion fruit, 1 percent banana, and 0.5 percent each of guava, pawpaw and mango, with traces of colors and flavors.

The applicable subheading for the fruit snacks will be 1704.90.3505, Harmonized Tariff Schedule of the United States (HTS), which provides for Sugar confectionery (including white chocolate), not containing cocoa: Other: Confections or sweetmeats ready for consumption: Other: Other...Put up for retail sale. The rate of duty will be 6.5 percent ad valorem.

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

A copy of this 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 John Maria at 212-466-5730.

Sincerely,

Roger J. Silvestri

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