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NY A87809

November 18, 1996

CLA-2-8:RR:NC:2:228 A87809


TARIFF NO.: 0813.20.2000; 2008.50.4000; 2008.92.9050

Mr. Cesare Gallo
Gallo Brokerage
93 Willow Street
Wilkes Barre, PA 18702-1508

RE: The tariff classification of prepared fruits from Italy

Dear Mr. Gallo:

In your letter dated September 16, 1996 you requested a tariff classification ruling.

Five samples were submitted with your letter. Three were forwarded to the U.S. Customs laboratory for analysis. The remaining two were examined and disposed of. "Prugne Secche de Sardegna" (dried prunes of Sardinia) and "Prugne Secche de Sardegna Denocciolate" (dried pitted prunes of Sardinia) are whole prunes packed in a sealed, metallized plastic pouch containing 125 grams, net weight. Sorbic acid has been added to the former, and potassium sorbate to the latter, as preservatives. Albicocche Secca Armatizzate alla Vernaccia" (dried apricots flavored with Vernaccia wine) consists of dried, pitted apricots, packed in a sealed pouch containing 125 grams, net weight. The stated ingredients are dried apricots, wine, sorbic acid and sulfur dioxide. Analysis found this product contained 0.1 percent acetic acid. Albicocche Secche alla Vernaccia (dried apricots in Vernaccia wine syrup) consists of whole pitted apricots in a liquid medium of wine and syrup, packed in glass jars containing 370 grams, net weight. This product was found to contain 0.2 percent acetic acid. Macedonia Frutta Fresca alla Vernaccia" (mixed dried fruit in Vernaccia wine syrup) contains whole apricots, whole prunes, and sliced apples, in wine and syrup, packed in glass jars containing 370 grams, net weight. Analysis found no acetic acid in this product.

The applicable subheading for the prunes will be 0813.20.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for fruit, dried, other than that of headings 0801 to 0806...prunes...other. The rate of duty will be 16.3 percent ad valorem.

The applicable subheading for the apricots will be 2008.50.4000, HTS, which provides for fruit...otherwise prepared or preserved...whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included...apricots...other. The rate of duty will be 33.3 percent ad valorem.
the applicable subheading for the mixed fruits will be 2008.92.9050, HTS, which provides for fruit...otherwise prepared or preserved...other...mixtures...other...packed in a liquid medium in airtight containers...other...other. The rate of duty will be 16.6 percent ad valorem.

The importation of this merchandise may be subject to restrictions imposed by the United States Department of Agriculture and/or Food and Drug Administration. It is suggested you contact these agencies directly for further information.

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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