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NY 846348




CLA-2-11:S:N:N1:228 846348

CATEGORY: CLASSIFICATION

TARIFF NOS.: 1106.30.4000; 2008.70;0020; 2008.70.0040

Mr. Michael Real
Real Food Marketing
4009 Goodwin Avenue
Los Angeles, CA 90039

RE: The tariff classification of fruit and vegetable powders and flakes from Italy.

Dear Mr. Real:

In your letter dated October 12, 1989, you requested a tariff classification ruling.

Descriptive literature and samples accompanied your letter. Five samples were forwarded to the U.S. Customs laboratory for analysis. All are said to be made from dehydrated fruit puree, broken into pieces, sorted and sieved, and contain L-ascorbic acid, added as an antioxidant. At least 95 percent, by weight, of pear flakes 468/89, strawberry powder 991/89, strawberry flakes 912/89, and peach powder 658/89 were found to be capable of passing through a wire sieve with a 1.25 millimeter aperture; 78.5 percent of peach flakes 571/89 were able to pass through this screen.

The applicable subheading for the pear flakes 468/89, strawberry powder 991/89, strawberry flakes 912/89, and peach powder 658/89 will be 1106.30.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for flour, meal and powder of the products of chapter 8...other. The duty rate will be 15 percent ad valorem.

The applicable subheading for peach flakes 571/89, when packed in containers holding less than 1.4 kilograms, will be 2008.70.0020, HTS, which provides for fruit...otherwise prepared or preserved...peaches. When in containers holding 1.4 kilograms or more the applicable subheading will be 2008.70.0040, HTS. In either case, the rate of duty will be 20 percent ad valorem.
Your inquiry does not provide enough information for us to give a classification ruling on the dry tomato products. Your request for a classification ruling should include a clarification of the nature of the starting material for these items. The information you have provided states the powders and flakes are made from "tomato concentrate." Is this juice, tomato paste, or tomato puree? How was this prepared?

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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