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NY R00466




June 28, 2004
CLA-2-20:RR:NC:2:228 R00466

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.80.0000

Mr. Bruce Cowan
Mitsui Foods, Inc.
35 Maple Street
Norwood, NJ 07648

RE: The tariff classification of prepared strawberries from China

Dear Mr. Cowan:

In your letter dated June 15, 2004 you requested a tariff classification ruling.

An ingredients breakdown and an image of the product were submitted with your letter. The product, “Frozen Strawberry Dessert,” consists of frozen whole strawberries that have been partially dipped in a coating of sweetened condensed cream and white chocolate. The coated strawberries are individually wrapped in a clear plastic film package, and several berries are packed in a plastic tub containing 350 grams, net weight.

The applicable subheading for the Frozen Strawberry Dessert will be 2008.80.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for fruitotherwise prepared or preservednot elsewhere specified or includedstrawberries. The rate of duty will be 11.9 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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