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NY K87503




July 20, 2004
CLA-2-20:RR:NC:2:228 K87503

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.70.2020

Mr. John M. Peterson
Ms. Maria E. Celis
Neville Peterson LLP
17 State Street – 19th Floor
New York, New York 10004

RE: The tariff classification of food preparations from China.

Dear Mr. Peterson and Ms. Celis:

In your letter dated June 25, 2004 on behalf of Del Monte Corporation, San Francisco, CA, you requested a tariff classification ruling.

Samples and a description of the manufacturing process were submitted with your letter. The samples were examined and disposed of. The Peach Crisp Dessert is a ready to eat snack food consisting of a cup of fruit pieces suspended in thick syrup and a packet of oatmeal crumb topping. The product is composed of approximately 55 percent peach pieces and 45 percent syrup. The syrup is composed of water, sucrose, xanthan gum, cornstarch, cinnamon, nutmeg, artificial flavoring, ascorbic acid, sodium citrate, and an antifoaming agent. The product is put up in a single-serve sealed plastic cup containing approximately 4 ounces. Each retail package contains either three or six cups and corresponding packets of topping. It is suggested the consumer add the crumb topping to the fruit to make a cobbler type dessert.

The applicable subheading for the Peach Crisp Dessert 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.

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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