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NY R01298




January 26, 2005

CLA-2-8:RR:NC:2:228 R01298

CATEGORY: CLASSIFICATION

TARIFF NO.: 0813.20.2000

Mr. David Whittingham
David Whittingham, CHB
7985 NW 21st Street
Miami, FL 33122

RE: The tariff classification of dried prunes from Argentina.

Dear Mr. Whittngham:

In your letters dated November 30, 2004, and January 12, 2005, on behalf of Mr. Francisco Young, Miami, FL, you requested a tariff classification ruling.

A manufacturing flow chart was submitted with your first letter. A detailed description of the manufacturing process accompanied your second letter. The product is described as plums (Prunus domestica L.) that have been washed with water, sun-dried, washed and partially rehydrated, “tenderized” with steam, dipped in a potassium sorbate solution, sprinkled with vegetable oil, and put up in sachets containing 250 grams, net weight.

The applicable subheading for the dried prunes will be 0813.20.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for fruit, dried, other than that of headings 0801 to 0806prunesother. The rate of duty will be 14 percent ad valorem.

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 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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