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NY M85019




July 19, 2006

CLA-2-20:RR:NC:N2:228 M85019

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.30.10; 2008.60.00; 2008.80.00; 2008.99.05; 2008.99.18; 2008.99.20

Ms. Heidi Farkas
Graceland Fruit Inc.
1123 Main Street
Frankfort, MI 49635

RE: The tariff classification of prepared fruits

Dear Ms. Farkas:

In your letter dated July 11, 2006 you requested a tariff classification ruling.

Six products are described in your letter: “infused dried” apple, cranberry, blueberry, tart cherry, strawberry, and orange peel. All are prepared in a similar fashion. Whole, sliced, or diced fruit or fruit peel is immersed in a sugar solution, removed from the solution, dried to a desired moisture level, lightly coated with sunflower oil, packed in plastic-lined boxes, and exported from the United States. The apple, strawberry, and orange peel products may also have trace amounts of citric and/or ascorbic acid added. The amount of sugar added to the fruit or peel during the infusion process ranges from 28 to 45 percent, by weight.

The applicable subheading for the infused dried orange peel will be 2008.30.10, 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 matternot elsewhere specified or includedcitrus fruitpeelof oranges.

The applicable subheading for the infused dried cherries will be 2008.60.00, HTSUS, which provides for fruitotherwise prepared or preserved, whether or not containing added sugar or other sweetening mattercherries.

The applicable subheading for the infused dried strawberries will be 2008.80.00, HTSUS, which provides for fruitotherwise prepared or preserved, whether or not containing added sugar or other sweetening matternot elsewhere specified or includedstrawberries.

The applicable subheading for the infused dried apples will be 2008.99.05, HTSUS, which provides for fruitotherwise prepared or preserved, whether or not containing added sugar or other sweetening matternot elsewhere specified or includedotherother apples.

The applicable subheading for the infused dried blueberries will be 2008.99.18, HTSUS, which provides for fruitotherwise prepared or preserved, whether or not containing added sugar or other sweetening matternot elsewhere specified or includedotherother berriesblueberries.

The applicable subheading for the infused cranberries will be 2008.99.20, HTSUS, which provides for fruitotherwise prepared or preserved, whether or not containing added sugar or other sweetening matternot elsewhere specified or includedotherotherberriesother.

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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