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NY I80747




May 10, 2002

CLA-2-21:RR:NC:2:228 I80747

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9990

Mrs. Yani Duarte
Clearfreight, Inc.
880 Apollo Street
Suite 101
El Segundo, CA 90245

RE: The tariff classification of Frugurt from Taiwan.

Dear Ms. Duarte:

In your letters dated February 25, 2002, and March 28, 2002, on behalf of New Choice Food, Inc., Irwindale, CA, you requested a tariff classification ruling.

The samples accompanying your first letter were examined and disposed of. A description of the manufacturing process was submitted with your second letter. Samples of the product were presented in small plastic cups with peel-back tops. Frugurt is a thick, creamy, dessert-type product with small pieces of fruit. Frugurt comes in a variety of flavors - mango, strawberry, mandarin, assorted (mango, strawberry, and mandarin, or mandarin, blueberry, strawberry, and peach), and consists of water, fruit, sugar, fructose, fermented milk, vegetable oil, seaweed extract, citric acid, emulsifier, natural flavor, and coloring. Frugurt is prepared by combining all ingredients, hot-filling into cups, pasteurizing, and sealing the containers.

The applicable subheading for the Frugurt will be 2106.90.9990, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or includedotherothercanned. The rate of duty will be 6.4 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 646-733-3029.

Sincerely,

Robert B. Swierupski
Director,

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