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NY 813811



October 11, 1995

CLA-2-17:R:N2:228 813811

CATEGORY: CLASSIFICATION

TARIFF NO.: 1704.90.2005, 1806.31.0040, 2008.92.9094

Mrs, Crystal L. Osborne
Alfred H. Marzolf, Inc.
157 Yesler Way Suite 605
Seattle, Washington 98104

RE: The tariff classification of fruit bars from Australia.

Dear Mrs. Osborne:

In your letter dated August 16, 1995 on behalf of Acme Food Sales, Inc., Seattle, Washington, you requested a tariff classification ruling.

Samples and a list of ingredients were submitted with your request. The samples were forwarded to the United States Customs Laboratory for analysis. Bellis brand fruit bars measure approximately 4 inches in length and 2 inches in width, and are packaged in a clear plastic wrapper weighing 15 grams, net weight. Strawberry Fields, consists of apple, strawberry, strawberry flavor, potassium sorbate and coloring. Tropical Fruits consists of apple, pineapple, passion fruit, banana, guava, paw paw, mango, tropical flavor, potassium sorbate and coloring. Laboratory testing found the packages were not airtight. The Orange Bar consists of mixed dried fruits, glucose syrup, natural cane sugar, coconut, maltodextrin, lactose, non- hygroscopic whey powder, vegetable oil, food acid, color, and flavor, packaged in a plastic wrapper, measuring 5« inches in length and 1« inches in width, and weighing 45 grams, net weight. Choc Apricot bar consists of a fruit center covered with chocolate. It is made from mixed dried fruits (apricot, peach, pear) glucose, natural cane sugar, coconut, skim milk, lactose, vegetable oil, food acid, color, and flavor, and is coated in compound chocolate.

The applicable subheading for the Orange Bar will be 1704.90.2005, Harmonized Tariff Schedule of the United States (HTS), which provides for sugar confectionery (including white chocolate), not containing cocoa...other...confections or sweetmeats ready for consumption...other...put up for retail sale. The rate of duty will be 6.8 percent ad valorem.

The applicable subheading for the Choc Apricot Bar will be 1806.31.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for chocolate and other food preparations containing cocoa... other, in blocks, slabs or bars...filled... confectionery. The rate of duty will be 6.8 percent ad valorem.

The applicable subheading for Tropical Fruits and Strawberry Fields will be 2008.92.9094, Harmonized Tariff Schedule of the United States (HTS), which provides for fruit, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter...other, including mixtures other than those of subheading 2008.19...mixtures... other... other...other. The rate of duty will be 17.1 percent ad valorem.

This ruling is being issued under the provisions of Section 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 212-466-5760.

Sincerely,

Roger J. Silvestri
Director

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