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NY N021193




January 16, 2008

CLA-2-20:OT:RR:NC:N2:228

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.99.8000; 2008.99.9090; 2103.90.9091

Ms. Martha Shepherd
Galeru Pty. Ltd.
P.O. Box 438
Cooroy, Qld 4563 Australia

RE: The tariff classification of fruit products from Australia

Dear Ms. Shepherd:

In your letter dated December 12, 2007 you requested a tariff classification ruling. Your letter was received by this office on December 26, 2007.

Descriptive literature accompanied your letter. The products are ready to eat food products based on the fruit of Syzygium leihmannii (“Rainberries™,” riberry, creek cherry), and Syzygium fibrosum (“Raincherries™,” fibrous satinash). The fruits may be presented in syrup, as “purees,” and as “salsa.” The fruits in syrup are described as consisting of 66 percent whole fruit in a syrup composed of fruit juice with added cane sugar and maize starch. The purees are described as “smooth, sweetened rainforest puree” consisting of 66 percent fruit with added sugar and starch. The Rainberry™ salsa is described as a “chunky style” salsa composed of 22 percent Rainberries™ and unstated quantities of apples, onions, vinegar, cane sugar, maize starch, ginger, salt, chilli, and spices. Raincherry™ salsa is similarly described, and composed of 35 percent Raincherries™, and unstated quantities of cane sugar, vinegar, red bell peppers, onions, maize starch, ginger, garlic, salt, cinnamon, and chilli. All products are said to be prepared in the same manner. Ingredients are combined, heated to 100 degrees Centigrade, hot-filled into one-kilogram plastic pouches, heat-sealed, and submerged in hot water at 90 degrees Centigrade for 15 minutes to assure sterilization. All have a pH of 3.0-3.5 and a Brix of 25-30.

The applicable subheading for the purees will be 2008.99.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for fruitotherwise prepared or preserved, whether or not containing sugar or other sweetening matternot elsewhere specified or includedotherotherpulp. The rate of duty will be 9.6 percent ad valorem.

The applicable subheading for the fruits in syrup will be 2008.99.9090, HTSUS, which provides for fruitotherwise prepared or preserved, whether or not containing sugar or other sweetening matternot elsewhere specified or includedotherotherother. The rate of duty will be 6 percent ad valorem.

The applicable subheading for the salsas will be 2103.90.9091, HTSUS, which provides for sauces and preparations thereforotherotherother. The rate of duty will be 6.4 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 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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