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NY I86166




October 7, 2002

CLA-2-20:RR:NC:2:228 I86166

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.60.0040

Mr. John Cammarano
F.C. Gerlach & Co. Inc.
290 Central Ave.
Lawrence, NY 11559

RE: The tariff classification of preserved fruit from Italy.

Dear Mr. Cammarano:

In your letter dated June 17, 2002, and facsimile transmissions of September 9, 2002 and October 3, 2002, on behalf of Orlando Food Sales, Maywood, NJ, you requested a tariff classification ruling.

The sample submitted with your letter was examined and disposed of. Cherries in Grand Marnier contains whole cherries in a liquid medium of hydroalcoholic solution, sugar, glucose syrup, Grand Marnier, natural flavor, and coloring. The cherries are put up for retail sale in a glass jar with a wood top containing 370 grams, net weight.

The applicable subheading for the Cherries in Grand Marnier will be 2008.60.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for fruitotherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included cherriesothersweet varieties. The rate of duty will be 6.9 cents per kilogram plus 4.5 percent ad valorem.

Additional requirements may be imposed on this product by the Bureau of Alcohol, Tobacco and Firearms (BATF). You may contact the BATF at:

Bureau of Alcohol, Tobacco and Firearms
650 Massachusetts Avenue N.W.
Washington, D.C. 20226
Tel# 202-927-8110

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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