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NY F82708




February 17, 2000

CLA-2-20:RR:NC:2:228 F82708

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.92.1040; 2008.92.9094

Ms. Karen L. Pecor
KC International Promotions
760 Santa Alicia Drive
Rohnert Park, CA 94928

RE: The tariff classification of food products from Germany

Dear Ms. Pecor:

In your letter dated January 25, 2000 you requested a tariff classification ruling.

Samples were submitted with earlier correspondence. An ingredients breakdown was submitted directly to this office by the German manufacturer. The products are Green Valley brand “energy bars,” in 10 varieties – orange, almond plum, banana, apricot, ginger, cinnamon, coconut, vanilla, peanut, and café au fruit. The energy bars are composed of fruits, nuts, edible plant parts, and other ingredients, pressed together into a flat, rectangular-shaped bar weighing 40 grams, net weight. Dates and rolled oats are found in every type of bar. Other ingredients, depending on variety, are almonds, apricots, orange peel, plums, hazelnuts, bananas, figs, peanuts, coffee, cocoa, vanilla, coconut, sultanas, ginger, and cinnamon. The energy bars do not contain sweeteners or preservatives of any kind. The bars are put up in a sealed, clear plastic film wrapper with a paper sleeve.

The applicable subheading for the banana, peanut, café au fruit, coconut, vanilla, ginger and cinnamon energy bars, when put up in an airtight container, will be 2008.92.1040, Harmonized Tariff Schedule of the United States (HTS), which provides for fruit, nuts, and other edible parts of plants, otherwise prepared or preservednot elsewhere specified or includedother, including mixturesmixturesin airtight containers and not containing apricots, citrus fruits, peaches or pearsother. The rate of duty will be 5.6 percent at valorem.

The applicable subheading for these seven energy bars, when put up in a container that is not airtight, and for the orange, almond plum, and apricot energy bar, regardless of the type of container, will be 2008.92.9094, HTS, which provides for fruit, nuts, and other edible parts of plants, otherwise prepared or preservedmixtures otherother. The rate of duty will be 14.9 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 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 212-637-7065.

Sincerely,

Robert B. Swierupski
Director,

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