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NY N015716




August 31, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.99.0500

Mr. Sergio Abbud
RM Customhouse Brokers, Inc.
4707 Montana Ave.
Suite # 203
El Paso, TX 79903

RE: The tariff classification of fruit pulp from Mexico.

Dear Mr. Abbud:

In your letter dated August 14, 2007, on behalf of Leroux Creek Food, Colorado, you requested a tariff classification ruling.

A description of the manufacturing process and a flow chart was submitted with your letter. The product, described as apple puree, is an uncooked apple pulp produced from apples that have been washed, passed through a grinder and a pulper, separated from waste, pasteurized, packed into plastic-lined 55 gallon drums, and frozen.

The applicable subheading for the apple pulp will be 2008.99.0500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for fruit, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or includedotherother apples. 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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