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NY N020316




December 6, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 2308.00.9890

Ms. Kathy Black
Food Partners, Inc.
P.O. Box 1478
Winter Haven, FL 33882-1478

RE: The tariff classification of grapefruit pulp residue.

Dear Ms. Black:

In your letters dated August 14 and November 28, 2007, you requested a tariff classification ruling.

The product in question, a sample of which was submitted for our examination, is described as “frozen unwashed grapefruit pulp cells.” You have provided the following account of the product’s derivation:

The material is prepared by splitting open whole grapefruit and removing the juice sacs found inside. The juice sacs are then squeezed, forcing them to rupture so the juice can be collected. The juice is extracted and the empty juice sacs (pulp cells) are collected separately. Technically, the pulp cells (empty juice sacs) are what is left over after extracting the juice

You state that the above-described “pulp cells,” which will be shipped in frozen condition in 20-kg plastic-lined boxes or 181-kg plastic-lined metal drums, will be used as an ingredient in certain juice beverages to add more pulp, thereby imparting additional “mouth feel.” We find that the product is also of a kind sometimes used in animal feeding applications.

The applicable subheading for the “frozen unwashed grapefruit pulp cells” will be 2308.00.9890, Harmonized Tariff Schedule of the United States (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.

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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