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NY M86183




September 29, 2006

CLA-2-20:RR:NC:N2:228 M86183

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.20.0090; 2008.92.9035

Mr. Victor Llarena
Florida National Brokers, Inc.
7100 NW 12 Street
Miami, FL 33126

RE: The tariff classification and country of origin marking of canned fruit from China

Dear Mr. Llarena:

In your letter dated August 29, 2006, on behalf of American Ethnic Foods Corp., North Miami Beach, FL, you requested a tariff classification and country of origin marking ruling.

Illustrations of the product labels were submitted with your letter. Pineapple Slices and Pineapple Tidbits are said to contain pineapple, pineapple juice, water, and clarified pineapple juice concentrate. Pineapple Chunks is said to be composed of pineapple and pineapple juice. Fruit Mix is composed of peaches, water, pears, grapes, corn syrup, and sugar, and Fruit Cocktail contains peaches, water, pears, grapes, corn syrup, pineapple sugar, and artificially colored cherry halves. The Pineapple Tidbits and Pineapple Slices are packed in cans holding one pound four ounces (567 grams), net weight, and the Fruit Mix, Fruit Cocktail, and Pineapple Chunks are packed in cans containing six pounds 10 ounces (3.01 kilograms), net weight.

All products are marked in a similar manner. One panel of the product label declares the article was “Packed for American Ethnic Foods Corp., N.M.B., FL 33160”, below which appear separate lines providing the company’s telephone number, E-mail address, website, and the words “Product of China.”

The applicable subheading for the Pineapple Slices, Pineapple Tidbits, and Pineapple Chunks will be 2008.20.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for fruitotherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or includedpineapples. The rate of duty will be 0.35 cents per kilogram.

The applicable subheading for the Fruit Mix and Fruit Cocktail will be 2008.92.9035, HTSUS, which provides for fruitotherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or includedothermixturesother packed in a liquid medium in airtight containerscontaining peaches or pearsother. 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.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

The marking of these canned fruit products, represented by the sample labels and described above, is conspicuous, legible and permanent, in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. It is an acceptable country of origin marking.

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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