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NY A81165

March 28, 1996

CLA-2-20:RR:NC:FC:228 A81165


TARIFF NO.: 2008.92.1040

Mr. Alan I. Kojima
American Customs Brokerage Co., Inc.
P.O. Box 261
Honolulu, HI 96813

RE: The tariff classification of a canned fruit salad from a foreign trade zone

Dear Mr. Kojima:

In your letter dated February 28, 1996, on behalf of Maui Pineapple Company Ltd., Maui, Hawaii, you requested a tariff classification ruling.

The product is described as a "Tropical Fruit Salad," composed, by weight, of 46 percent pineapple, 13 percent papaya, 9 percent guava, and one percent passion fruit, in a sugar and water solution. The fruit salad will be packed in metal cans containing 107 ounces, net weight.

The applicable subheading for the canned fruit salad will be 2008.92.1040, HTS, which provides for fruit, nuts and other edible parts of plants...otherwise prepared or preserved... not elsewhere specified or included...other...mixtures...in airtight containers and not containing apricots, citrus fruits, peaches or pears. The general rate of duty will be 6.5 percent ad valorem.

Your questions regarding the product's dutiable value, the effect of the zone status on this value, and country of origin marking are being referred to the Office of Regulations and Rulings, U.S. Customs Service Headquarters, 1301 Constitution Avenue, N.W., Washington D.C. 20229. A ruling will be issued to you from that office.

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 212-466-5760.


Roger J. Silvestri

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