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NY M82221




April 26, 2006

CLA-2-20:RR:NC:N2:228 M82221

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.92.1040; 2008.92.9094

Ms. Carla Ferreira
All-Ways Forwarding International Inc.
701 Newark Avenue
Elizabeth, NJ 07208

RE: The tariff classification of fruit products from France

Dear Ms. Ferreira:

In your undated letter, received by this office on April 11, 2006, on behalf of World Finer Foods, you requested a tariff classification ruling.

Samples and ingredients breakdowns were submitted with your letter. The samples were opened, examined, and disposed of. The products are described as “smoothies,” and consist of a mixture of cooked and screened fruit purees, with added apple juice concentrate and Vitamin C, sterilized and packed for retail sale in sealed foil pouches containing 100 grams, net weight. The smoothies have a smooth, homogenous consistency, and a fruity aroma.

The applicable subheading for the Apple Blueberry Raspberry Smoothie, Apple Strawberry Banana Smoothie, and Apple Cranberry Raspberry Smoothie, 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 mixturesmixturesin 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 Apple Peach Mango Smoothie and the Apple Peach Orange Smoothie 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 mixturesmixturesotherotherother. 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.

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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