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NY N014935




August 17, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.99.0500

Mr. Amir Mansourian
1449 Westwood Blvd.
Los Angeles, CA 90024

RE: The tariff classification of a dried apple snack from China.

Dear Mr. Mansourian:

In your letters received July 2, 2007 and July 27, 2007, you requested a tariff classification ruling.

Green Tree brand Apple Chips are described as slices of fresh Fuji apples that have been dehydrated and flavored, with no sugar, coloring, or other additives. The chips are put up in plastic retail packages containing 22 grams, net weight. The sample package states the apple slices contain “natural peach flavor,” and your letter indicates the product may be produced in a variety of flavors.

The applicable subheading for the dried flavored apple chips will be 2008.99.0500, 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 included otherotherapples. The rate of duty will be 0.9 cents per kilogram.

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 telephone number (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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