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NY J85255





June 6, 2003

CLA-2-8:RR:NC:2:228 J85255

CATEGORY: CLASSIFICATION

TARIFF NO.: 0813.20.2000; 0813.40.4000

Ms. Suzanne Collis
Solarfruit
P.O. Box 249
Donnybrook, Western Australia 6239

RE: The tariff classification of dried fruit from Australia

Dear Ms. Collis:

In your letter dated May 19, 2003 you requested a tariff classification ruling.

Samples and ingredients breakdowns were submitted with your letter. The samples were examined and disposed of. The products are described as sun-dried fruit bars and fruit rolls, composed of 98 percent fruit (plum or nectarine), 2 percent sugar, and a trace amount of potassium metabisulphite-. The fruit bar consists of two strips of dried fruit, each approximately 4 inches long, one inch wide, and -inch thick, side by side on a paper backing, wrapped in clear plastic. The fruit roll is a strip of fruit approximately 13 inches long, 3 inches wide, and 3/16-inch thick, wrapped in clear plastic and rolled into a tube approximately 1½ inches in diameter. The applicable subheading for the plum bar and plum roll 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 0806prunesother. The rate of duty will be 14 percent ad valorem.

The applicable subheading for the nectarine bar and nectarine roll will be 0813.40.4000, HTS, which provides for fruit, dried,other fruitpeaches. The rate of duty will be 1.4 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 646-733-3029.

Sincerely,

Robert B. Swierupski
Director,

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