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NY N012580




June 22, 2007

CLA-2-23:RR:NC:SP:231

CATEGORY: CLASSIFICATION

TARIFF NO.: 2308.00.9890

Ms. Sara M. Hachmann
Access Business Group International LLC
7575 Fulton Street East
Ada, MI 49355

RE: The tariff classification of dehydrated acerola pulp fiber from Brazil.

Dear Ms. Hachmann:

In your letters dated May 2 and June 7, 2007, you requested a tariff classification ruling.

A bag of flaky, reddish brown granules identified as dehydrated acerola pulp fiber was submitted as a sample for our examination. The product consists of the dried residue remaining after the soluble solids and water have been extracted from acerola “cherries” by a screw press. This residue consists of the fibrous insoluble solids of the cherry-like fruits, including skin, pulp and seed components. You indicate that the product will be imported in woven-polypropylene “supersack” bags, and will be further processed for incorporation into various nutritional food supplements.

We note your suggestion that this merchandise may be classifiable in subheading 2008.99.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for certain fruit otherwise prepared or preserved other: pulp. However, we find that it is more appropriately classified elsewhere.

The applicable subheading for the dehydrated acerola pulp fiber will be 2308.00.9890, HTSUS, which provides for vegetable materials and vegetable waste, vegetable residues and byproducts, whether or not in the form of pellets, of a kind used in animal feeding, not elsewhere specified or included: other: other than citrus pulp pellets. The rate of duty will be 1.4%.

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.

These goods may be subject to regulations or restrictions administered by the U.S. Department of Agriculture, Animal and Plant Health Division (APHIS). You may contact this agency regarding possible applicable regulations at the following location:

U.S. Department of Agriculture
APHIS
Plant Protection and Quarantine Permit Unit 4700 River Road, Unit 136
Riverdale, MD 20737-1236
Telephone number: 877-770-5990

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 Nathan Rosenstein at 646-733-3030.

Sincerely,

Robert B. Swierupski
Director,

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