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NY N018350




November 7, 2007

CLA-2-08:OT:RR:NC:N2:228

CATEGORY: CLASSIFICATION

TARIFF NO.: 0811.90.8060

Mr. David Roberts
Mares Shreve & Associates
545 Andover Park West Ste 109
Tukwila, WA 98188

RE: The tariff classification of frozen fruit mixtures from Serbia

Dear Mr. Roberts:

In your letter dated October 8, 2007 on behalf of Global Food Importers, Edmonds, WA, you requested a tariff classification ruling.

Ingredients breakdowns and samples were submitted with your letter. The samples, received in thawed condition, were examined and disposed of. The products are mixtures of whole, frozen fruit put up in retail-sized cartons. Mixture #1 is said to contain 20 percent strawberries, 20 percent black currants, 20 percent raspberries, 20 percent blackberries, and 20 percent sour cherries. Mixture #2 contains 25 percent blackberries, 20 percent strawberries, 20 percent black currants, 20 percent raspberries, and 15 percent sour cherries. Mixture #3 contains 25 percent raspberries, 25 percent blackberries, 20 percent strawberries, 20 percent black currants, and 10 percent sour cherries. The black currants are products of Poland and the blackberries, raspberries, strawberries, and sour cherries are goods of Serbia. The fruits are frozen (IQF), mixed, and packed in Serbia. Examination of the samples found each to be a mixture of whole fruits, with each fruit in the mixture prominent and easily identifiable.

The applicable subheading for each of the frozen fruit mixtures will be 0811.90.8060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for fruituncooked or cooked by steaming or boiling in waterfrozen, whether or not containing added sugar or sweetening matterotherother cherries...tart varieties. The rate of duty will be 14.5 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.

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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