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NY M81505




March 31, 2006

CLA-2-20:RR:NC:N2:228 M81505

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.92.1040, 2008.92.9094

Ms. Gloria Chau
Trader Joe’s Company
P.O. Box 5049
Monrovia, CA 91016-6346

RE: The tariff classification of fiber fruit bars from New Zealand

Dear Ms. Chau:

In your letters dated February 16, 2006 and March 15, 2006 you requested a tariff classification ruling.

Copies of the packaging for two Fibre Fruit bars were submitted with your February letter. Ingredients breakdowns were submitted with your March letter. The Fiber Fruit bars are composed of blends of fruit pulp and other ingredients, dried and shaped into strips. The Fiber Fruit Berry Bar is composed of 70 percent apple, 8 percent blackberry, 5 percent boysenberry, 6 percent fiber, 4.5 percent plum, 2 percent psyllium husk, 1 percent each raspberry, strawberry, blackcurrant, and soy protein, and 0.5 percent flaxseed meal. The Fiber Fruit Apricot Bar consists of 72 percent apple, 15 percent apricot, 6 percent fiber, 3.5 percent nectarine, 2 percent psyllium husk, 1 percent soy protein, and 0.5 percent flaxseed meal.

The applicable subheading for The Fiber Fruit Berry Bar, when in an airtight container, will be 2008.92.1040, Harmonized Tariff Schedule of the United States (HTSUS), 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 ad valorem.

The applicable subheading for The Fiber Fruit Berry Bar, when not in an airtight container, and the Fiber Fruit Apricot Bar will be 2008.92.9094, HTSUS, 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.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (CFR Part 134). The illustrations of the outer cartons do not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

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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