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NY B80476




January 3, 1997

CLA-2-8:RR:NC:2:228 B80476

CATEGORY: CLASSIFICATION

TARIFF NO.: 0811.90.8080

Mr. Peter D. Alberdi
A.J. Arango, Inc.
1516 E. 8th Avenue
Tampa, FL 33605

RE: The tariff classification of fruit pulp from Brazil

Dear Mr. Alberdi:

In your letter dated December 13, 1996, on behalf of Sunbase USA, Inc., Tampa, FL, you requested a tariff classification ruling.

The product, "cupuacu pulp," is the edible pulp from the fruit of the plant Theobroma grandiflorum. It will be prepared by washing and peeling the fruit, mechanically pulping to a homogenous form, packing in plastic-lined steel drums, and blast freezing. The pulp will be used as an ingredient in beverages.

The applicable subheading for the cupuacu pulp will be 0811.90.8080, Harmonized Tariff Schedule of the United States (HTS), which provides for fruit...uncooked...frozen...other... other...other. The duty rate will be 15.8 percent ad valorem.

Articles classifiable under subheading 0811.90.8080, HTS, which are products of Brazil, are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

The importation of this merchandise may be subject to restrictions imposed by the United States Department of Agriculture and/or Food and Drug Administration. It is suggested you contact these agencies directly for further information.

This ruling is being issued under the provisions of Part 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,

Gwenn Klein Kirschner
Chief, Special Products

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