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NY L81542




January 12, 2005

CLA-2-8:RR:NC:2:228 L81542

CATEGORY: CLASSIFICATION

TARIFF NO.: 0811.90.2500, 0811.90.4000, 0811.90.8080

Mr. Charles Sloan
Full Circle Holdings
7102 North Atlantic Place
Long Beach, CA 10119

RE: The tariff classification of fruit pulps from Brazil.

Dear Mr. Sloan:

In your undated letter received by this office December 22, 2004, you requested a tariff classification ruling.

A description of the manufacturing process for five frozen tropical fruit pulps was submitted with your letter. The products are made by peeling, grinding, and packaging cashew apple (Anacardium occidentale), papaya (Carica papaya), and apple (Malus domestica). The fruit will be put up in 100 gram packages for retail sale to health food stores and supermarkets.

The applicable subheading for the cashew apple (Anacardium occidentale) pulp will be 0811.90.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for fruit and nuts, uncooked or cooked by steaming or boiling in water, frozen, whether or not containing added sugar or other sweetening matterothercashew apples, mameyes colorados, sapodillas, soursops and sweetsops. The rate of duty will be 3.2 percent ad valorem.

The applicable subheading for the papaya (Carica papaya) pulp will be 0811.90.4000, HTS, which provides for fruit and nuts, uncooked or cooked by steaming or boiling in water, frozen, whether or not containing added sugar or other sweetening matterotherpapayas. The rate of duty will be 11.2 percent ad valorem.

The applicable subheading for the apple (Malus domestica) pulp will be 0811.90.8080, HTS, which provides for fruit and nuts, uncooked or cooked by steaming or boiling in water, frozen, whether or not containing added sugar or other sweetening matterotherotherother. The rate of duty will be 14.5 percent ad valorem.

Articles classifiable under subheading 0811.90.2500, HTS, which are products of Brazil may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check the Customs Web site at www.customs.gov. At the Web site, click on "CEBB" then search for the term "T-GSP".

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.

Your inquiry does not provide enough information for us to issue a classification ruling on the melon/pineapple and strawberry/orange pulps. Your request for a classification ruling should include a complete ingredients breakdown, by weight, for these two products.

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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