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NY J85856




July 10, 2003

CLA-2-20:RR:NC:2:228 J85856

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.40.0020, 2008.70.2020, 2008.92.9030

Mr. Antonio Rosa
Air Land Sea Ways
1250 Ponce de Leon Ave
Suite 713
San Jose Bldg
San Juan P.R. 00907

RE: The tariff classification of prepared fruit from South Africa.

Dear Mr. Rosa:

In your letter dated June 23, 2003, on behalf of B. Fernandez & Hnos Inc., Bayamon P.R., you requested a tariff classification ruling.

Sample labels for three products were submitted with your letter. Fruit Cocktail consists of peaches, pears, grapes, pineapple, and cherries in a syrup composed of water, sugar, and citric acid. Halves Bartlett Pear consists of Bartlett pear halves in syrup. Yellow Cling Halves Peaches contains halved peaches in syrup. The fruit is put up in cans containing 220 or 420 grams.

The applicable subheading for the Halves Bartlett Pear will be 2008.40.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for fruit, nuts, and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included...pears...in containers each holding less than 1.4 kg. The rate of duty will be 15.3 percent ad valorem.

The applicable subheading for the Yellow Cling Halves Peaches will be 2008.70.2020, HTS, which provides for fruit, nuts, and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included... peaches, including nectarinesother peachesin containers each holding less than 1.4 kilograms. The rate of duty will be 17 percent ad valorem.

The applicable subheading for the Fruit Cocktail will be 2008.92.9030, HTS, which provides for fruit, nuts, and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included...other, including mixtures other than those of subheading 2008.19otherpacked in a liquid medium in airtight containers containing peaches or pearsin containers each holding less than 1.4 kilograms. 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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