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June 25, 1999

CLA-2-20:RR:NC:2:228 E83019

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.20.0010, 2008.30.4000, 2008.40.0020, 2008.80.0000, 2008.99.2000, 2008.99.3000

Mr. David J. Reimer
Bentoff & Reimer
2661 North Moreland Blvd.
Suite 8
Shaker Heights, OH 44120

RE: The tariff classification of fruit preparations from Mexico.

Dear Mr. Reimer:

In your letters dated March 9, 1999, and May 27, 1999, you requested a tariff classification ruling.

The samples submitted with your first letter were examined and disposed of. Ingredient breakdowns and a description of the manufacturing process were submitted with your second letter. The products are Dona Aleja brand spreadable fruit preparations with pieces of fruit, peel, and/or seeds, suspended in a gelatinous mass. Each contains between 52.37-68.69 percent fruit (pineapple, orange, pear, strawberry, raspberry, or guava), 21.55-38.71 percent sugar, 4.35-12.81 percent lemon juice, and 0.17-0.31 percent gelatin. They are prepared by cooking blended fruit with sugar and gelatin and filled into glass jars containing 300 ml, net weight.

The applicable subheading for the pineapple fruit preparation will be 2008.20.0010, Harmonized Tariff Schedule of the United States (HTS), 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┬pineapples┬containing cane and/or beet sugar. The rate of duty will be 0.38 cents per kilogram.

The applicable subheading for the orange fruit preparation will be 2008.30.4000, HTS, which provides for fruit┬otherwise prepared or preserved┬not elsewhere specified or included┬citrus fruit┬other┬oranges. The rate of duty will be 1.5 cents per kilogram.

The applicable subheading for the pear fruit preparation will be 2008.40.0020, HTS, which provides for fruit┬otherwise prepared or preserved┬not elsewhere specified or included┬pears┬ in containers each holding less than 1.4 kg. The rate of duty will be 15.8 percent ad valorem.

The applicable subheading for the strawberry fruit preparation will be 2008.80.0000, HTS, which provides for fruit┬otherwise prepared or preserved┬not elsewhere specified or included┬strawberries. The rate of duty will be 12.2 percent ad valorem.

The applicable subheading for the raspberry fruit preparation will be 2008.99.2000, HTS, which provides for fruit┬ otherwise prepared or preserved┬not elsewhere specified or included┬other┬berries┬ other. The rate of duty will be 12.2 percent ad valorem.

The applicable subheading for the guava fruit preparation will be 2008.99.3000, HTS, which provides for fruit┬otherwise prepared or preserved┬not elsewhere specified or included┬other┬ guavas. The rate of duty will be free.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (CFR Part 134). The samples you have submitted do not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

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 212-637-7065.

Sincerely,

Robert B. Swierupski
Director,

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