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NY 848597

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CLA-2-20:S:N:N1:228 848597

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.92.1000; 2008.92.9090

Mr. James K. Falk
Vero Industries, Inc.
P.O. Box 84
Prospect, KY 40059

RE: The tariff classification of fruit nuggets from Italy.

Dear Mr. Falk:

In your letter dated January 4, 1990, you requested a tariff classification ruling.

Four samples accompanied your letter, were examined and disposed of. All consist of irregular-shaped pieces composed of a "primary fruit" (peaches, apricots, strawberries, or blueberries), apples, glycerine and starch. The primary fruit content may range from 53 to 70 percent, by weight, and imparts the nuggets' color and flavor. The products are prepared by dehydrating the diced primary fruit and diced apples to a moisture level of 20-25 percent (during which time SO2 is added), blending the two fruits, along with glycerine and starch, into a homogenous paste, then extruding, dicing, and further dehydrating the pieces to a 7-10 percent moisture level. The resulting product will be used by food processors in cereals, bakery products, yogurt, ice cream, and snack foods.

The applicable subheading for the strawberry/apple and blueberry/apple nuggets, when imported in airtight containers, will be 2008.92.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for fruit...otherwise prepared or preserved...other... mixtures...in airtight containers and not containing apricots, citrus fruits, peaches or pears. The rate of duty will be 7 percent ad valorem.

The applicable subheading for the strawberry/apple and blueberry/apple nuggets, when not in airtight containers, and for the apricot/apple and peach/apple nuggets, regardless of container, will be 2008.92.9090, HTS, which provides for fruit...otherwise prepared or preserved...other...mixtures...other. The rate of duty will be 17.5 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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See also:

• Tariff No.: 2008.92.10 - Mixtures of fruit or edible parts of plants, in airtight cont. excl. apricots, citrus, peaches or pears (incl. canned tropical fruit salad)
• Tariff No.: 2008.92.90 - Mixtures of fruit or other edible parts of plants, otherwise prepared or preserved, nesi (excluding tropical fruit salad)