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NY F82398





March 30, 2000

CLA-2-20:RR:NC:2:228 F82398

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.92.1040, 2008.92.9094, 2008.99.0500

Mr. Gordon C. Anderson
C.H. Robinson International, Inc.
5995 Opus Parkway
Suite 201
Minnetonka, MN 55343-9058

RE: The tariff classification of fruit pieces from New Zealand and Belgium.

Dear Mr. Anderson:

In your letters dated January 19, 2000, February 21, 2000, and March 7, 2000, you requested a tariff classification ruling.

Samples, submitted with your first letter, were examined and disposed of. URC Fruits: Blueberry (product code 5045), Apricot (product code 5150), and Apple (product code 5153), are cube shaped pieces, measuring approximately 4mm, used as ingredients in a variety of applications, including baked goods, confectionery, trail mixes, and snack foods. The fruit pieces are made from apple paste, invert sugar, glycerol, apple pectin, wheat fiber, malic acid, potassium citrate, and ascorbic acid. The blueberry product also contains blueberry puree, blueberry juice concentrate, apple fiber, flavor, and color. The apricot pieces also contain apricot paste, apple fiber, glucose, flavor, and annato. The ingredients are blended into a puree, which is concentrated, sheeted, cooled, cut into small cubes, and dusted with wheat fiber to prevent clumping. The fruit pieces will be put up in heat-sealed, airtight plastic bags.

The applicable subheading for the blueberry flavored fruit pieces will be 2008.92.1040, 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, other, including mixtures other than those of subheading 2008.19: mixturesin airtight containers and not containing apricots, citrus fruits, peaches or pearsother. The rate of duty will be 5.6 percent ad valorem.

The applicable subheading for the apricot flavored fruit pieces will be 2008.92.9094, 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, other, including mixtures other than those of subheading 2008.19: mixturesotherother. The rate of duty will be 14.9 percent ad valorem.

The applicable subheading for the apple flavored fruit pieces will be 2008.99.0500, 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, otherotherapples. The rate of duty will be 0.9 cents per kilogram.

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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