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NY N006496

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February 20, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.20.0010; 2008.92.1040; 2008.92.9094; 2008.99.4000; 2008.99.5000

Mr. Ron Sandage
Mariani Packing Company
500 Crocker Drive
Vacaville, CA 95688

RE: The tariff classification of prepared fruits from Thailand and the Philippines

Dear Mr. Sandage:

In your letters dated November 16, 2006, December 15, 2006, and February 1, 2007 you requested a tariff classification ruling.

A sample of a three-fruit mixture was submitted with your December and February letters, and a description of the manufacturing process was provided with your February letter. The samples were examined and disposed of. The products are prepared fruits, imported separately in bulk or as a mixture packaged for retail sale in a plastic film bag holding 25 ounces, net weight. The pineapple and papaya are products of Thailand and the mango is a product of the Philippines. The bulk shipments will be exported from their respective countries of origin; the “Island Fruits” mixture of pineapple, papaya, and mango is packaged in and exported from Thailand. The processing of the fruit is the same, whether performed in Thailand or the Philippines. The fruit is peeled, cut into pieces, placed in a heated solution of cane sugar, water and sulfur dioxide for two or three days (the solution for the papaya also contains lime juice), after which it is drained, placed on trays, and dried in a drier.

The applicable subheading for the pineapple, imported in bulk, will be 2008.20.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for fruitotherwise prepared or preserved, whether or not containing added sugar or other sweetening matterpineapplescontaining cane and/or beet sugar. The rate of duty will be 0.35 cents per kilogram.

The applicable subheading for the mango, imported in bulk, will be 2008.99.4000, HTSUS, which provides for fruitotherwise prepared or preserved, whether or not containing added sugar or other sweetening matterotherother mangoes. The rate of duty will be 1.5 cents per kilogram.

The applicable subheading for the papaya, imported in bulk, will be 2008.99.5000, HTSUS, which provides for fruitotherwise prepared or preserved, whether or not containing added sugar or other sweetening matterotherother papayasother. The rate of duty will be 1.8 percent ad valorem.

The applicable subheading for the Island Fruits mixture, when in an airtight container, will be 2008.92.1040, HTSUS, which provides for fruitotherwise prepared or preserved, whether or not containing added sugar or other sweetening matterothermixturesin airtight containers and not containing apricots, citrus fruits, peaches or pears. The rate of duty will be 5.6 percent ad valorem. When in a container that is not airtight, the applicable subheading for the Island Fruits mixture will be 2008.92.9094, HTSUS. The rate of duty will be 14.9 percent ad valorem.

Articles classifiable under subheading 2008.99.4000, HTSUS, which are products of the Philippines, and subheading 2008.99.5000, HTSUS, which are products of Thailand, are currently entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP, however, is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP".

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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See also:

• Tariff No.: 2008.20.00 - Pineapples, otherwise prepared or preserved, nesi
• Tariff No.: 2008.92.10 - Mixtures of fruit or edible parts of plants, in airtight cont. excl. apricots, citrus, peaches or pears (incl. canned tropical fruit salad)
• Tariff No.: 2008.92.90 - Mixtures of fruit or other edible parts of plants, otherwise prepared or preserved, nesi (excluding tropical fruit salad)
• Tariff No.: 2008.99.40 - Mangoes, otherwise prepared or preserved, nesi
• Tariff No.: 2008.99.50 - Papayas, other than pulp, otherwise prepared or preserved, nesi