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NY B87000




July 25, 1997

CLA-2-8:RR:NC:2:228 B87000

CATEGORY: CLASSIFICATION

TARIFF NO.: 0811.90.2028

Mr. Edward F. Slattery
Consolex
238 rue St. Jules
Beauport, Quebec G1E 6H6 Canada

RE: The tariff classification of frozen fruit purees from Canada.

Dear Mr. Slattery:

In your letters dated May 27, 1997, and June 25, 1997, on behalf of Delifruits, Inc., Beauport, Quebec, Canada, you requested a tariff classification ruling.

Product no. 042, "Fieldberries" consists of 40 percent strawberries, 40 percent raspberries, and 20 percent blueberries. It is described as a "frozen fruit puree", prepared by blending fresh or frozen fruit pulp with sugar (10 percent by weight), pressing it through a sieve, pouring into one-kilogram plastic containers, and freezing. The fruits are not cooked, and contain no coloring or preservatives. The merchandise will be sold to restaurants and hotels, and used by dessert chefs in the preparation of specialty dishes such as mousses, ice creams, fruit toppings, sauces, cocktails, and sherbets.

The applicable subheading for the frozen "Fieldberries" puree will be 0811.90.2028 Harmonized Tariff Schedule of the United States (HTS), which provides for fruit...uncooked or cooked by steaming or boiling in water, frozen, whether or not containing added sugar or other sweetening matter...other... blueberries...cultivated. The rate of duty will be free.

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 Branch

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