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NY J85621




June 16, 2003

CLA-2-20:RR:NC:2:228 J85621

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.40.0020; 2008.70.2020; 2008.92.9030

Ms. Marian Clare
UTC Overseas, Inc.
420 Doughty Blvd.
Inwood, NY 11096

RE: The tariff classification of prepared fruits from China

Dear Ms. Clare:

In your letter dated March 23, 2003, on behalf of Camerican International Inc., Paramus, NJ, you requested a tariff classification ruling. Your letter was received by this office on June 10, 2003.

Three samples, and ingredients lists for six products, were submitted with your letter. The samples were examined and disposed of. The products consist of diced fruit pieces in a liquid medium, packed in sealed plastic tubs holding 4 ounces. Diced Pears in Pear Juice is said to contain pears, water, pear juice concentrate, citric acid, and ascorbic acid. Diced Pears in Light Syrup contains pears, water, sugar, citric acid, and ascorbic acid. Diced Peaches in Pear Juice consists of peaches, water, pear juice concentrate, citric acid, and ascorbic acid. Diced Peaches in Light Syrup consists of peaches, water, sugar, citric acid, and ascorbic acid. Mixed Fruit in Pear Juice is a mixture of peaches, pears, and pineapple in a medium of water, pear juice concentrate, citric acid, and ascorbic acid. Mixed Fruit is Light Syrup contains peaches, pears, pineapple, water, sugar, citric acid, and ascorbic acid.

The applicable subheading for the Diced Pears in Pear Juice and Diced Pears in Light Syrup will be 2008.40.0020, 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...pearsin containers each holding less than 1.4 kg. The rate of duty will be 15.3 percent ad valorem.

The applicable subheading for the Diced Peaches in Pear Juice and Diced Peaches in Light Syrup will be 2008.70.2020, HTS, which provides for fruitotherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit...peaches, including nectarinesother peachesin containers each holding less than 1.4 kg. The rate of duty will be 17 percent ad valorem.

The applicable subheading for the Mixed Fruit in Pear Juice and Mixed Fruit in Light Syrup will be 2008.92.9030, HTS, which provides for fruitotherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit...mixturesotherpacked in a liquid medium in airtight containerscontaining peaches or pearsin containers each holding less than 1.4 kg. 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 646-733-3029.

Sincerely,

Robert B. Swierupski
Director,

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