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NY N022122




January 30, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.80.0000

Ms. Nilda P de Manso
Rene Ortiz Villafañe, Inc.
P.O. Box 9022562
San Juan, Puerto Rico 00902-2562

RE: The tariff classification of strawberry fruit spread from Denmark.

Dear Ms. Manso:

In your letter dated January 10, 2008, on behalf of Scandic Food Inc., and Empresas La Famosa Inc., Kingwood, Texas, you requested a tariff classification ruling.

A list of ingredients, a copy of the product labels, and a sample were forwarded with your letter. The sample was examined and disposed of. Famosa brand Strawberry Light Jam is a spreadable fruit preparation retail packed in glass jars containing 315 grams, net weight. It is made from strawberries, sorbitol, water, pectin, citric acid, and potassium sorbate. Examination of the sample found small seeds suspended in a red gelatinous medium.

The applicable subheading for the strawberry fruit spread will be 2008.80.0000, 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 strawberries. The rate of duty will be 11.9 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 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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