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NY L81447




December 22, 2004

CLA-2-20:RR:NC:2:228 L81447

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.92.1040, 2008.92.9094, 2008.99.0500

Mr. R. Kevin Williams
Rodriguez O’Donnell Ross Fuerst Gonzalez & Williams, P.C. 20 North Wacker Drive
Suite 1416
Chicago, Illinois 60606

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of fruit bars from Canada; Article 509

Dear Mr. Williams:

In your letter dated December 3, 2004, on behalf of Sun-Rype Products Ltd., you requested a ruling on the status of fruit bars from Canada under the NAFTA.

Samples and ingredients breakdowns were submitted with your letter. The samples were examined and disposed of. Sun-Rype brand Fruit to Go fruit bars (wildberry, cherry, fruit punch, strawberry, grape, and raspberry) are flat, rectangular-shaped snackfoods measuring 4 x 1.5 x 1/8 inches. All contain apple puree concentrate, apple juice concentrate, citrus pectin, natural flavor, ascorbic acid, and lemon juice concentrate. Depending upon flavor the fruit bars may contain cherry juice concentrate, wildberry concentrate, elderberry juice concentrate, pineapple juice concentrate, orange juice concentrate, strawberry puree concentrate, grape puree concentrate, grape juice concentrate, and raspberry puree concentrate. The ingredients are mixed, sterilized, and extruded onto a drying/cooling belt. The dried product is cut and packaged for retail sale in laminated plastic sleeves containing from 0.5 to 1.42 ounces, net weight.

All of the ingredients will be from non-NAFTA countries. The fruit bars will be manufactured in Canada and imported into the United States.

The applicable subheading for the strawberry, grape, and raspberry fruit bars, when put up in an airtight container (wrapper), will be 2008.92.1040, 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 includedother, including mixtures other than those of subheading 2008.19mixturesin airtight containers and not containing apricots, citrus fruits, peaches or pearsother. The rate of duty will be 5.6 percent at valorem. When put up in wrappers that are not airtight, the applicable subheading for the strawberry, grape, and raspberry fruit bars will be 2008.92.9094, 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 includedother, including mixtures other than those of subheading 2008.19,mixturesotherother. The rate of duty will be 14.9 percent ad valorem.

The applicable subheading for the fruit punch, wildberry, and cherry fruit bars, will be 2008.99.0500, 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 includedother, including mixtures other than those of subheading 2008.19otherapples. The rate of duty will be 0.9 cents per kilogram.

The fruit bars do not qualify for preferential treatment under the NAFTA because the non-originating materials will not undergo the change in tariff classification required by General Note 12(t)/20.4, HTSUSA.

This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

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.

Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter, to the Director, Commercial Rulings Division, Bureau of Customs and Border Protection, 1300 Pennsylvania Ave. N.W., Washington, D.C. 20229.

Sincerely,

Robert B. Swierupski
Director,

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