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NY J85508




June 12, 2003

CLA-2-21:RR:NC:2:228 J85508

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9997

Ms. Karyn Murray
New Zealand Trade Development Board
12400 Wilshire Boulevard
Los Angeles, CA 90025

RE: The tariff classification of fruit products from New Zealand

Dear Ms. Murray:

In your letter dated June 4, 2003, on behalf of Meycov Foods Ltd., you requested a tariff classification ruling.

Ingredients breakdowns and samples were submitted with your letter. The samples were examined and disposed of. The products identified as “fruit cheese” and “fruit pate” are firm, jelly-like products put up for retail sale in plastic tubs holding 120 or 500 grams, net weight. Your letter describes four pates (apple, apricot, blackcurrant, and lemon) and four fruit cheeses (apricot, pear, plum, and quince). All are composed of sugar, glucose, fruit paste, water, dextrose, sodium citrate, pectin, citric acid, and tartaric acid.

The applicable subheading for the fruit cheese and fruit pate will be 2106.90.9997, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or includedotherothercontaining sugar derived from sugar cane and/or sugar beets. The rate of duty will be 6.4 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the fruit gels. Your request for a classification ruling should include a complete ingredients breakdown. The sample fruit gels are partially coated with chocolate, but the ingredients breakdowns you provided do not identify chocolate, cocoa, or any other coating material as an ingredient. When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you.

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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