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NY J86453

July 1, 2003

CLA-2-20:RR:NC:2:228 J86453


TARIFF NO.: 2008.99.1890

Mr. Norman Elisberg
Lafayette Shipping Company
2425B 3RD
Fort Lee, New Jersey, 07024-4051

RE: The tariff classification of a blueberry spread from Belgium.

Dear Mr. Elisberg:

In your letter dated June 18, 2003, on behalf of La Nouba, Inc., New Jersey, you requested a tariff classification ruling.

A sample, an ingredients breakdown, and a manufacturer flow chart were submitted with your letter. The sample was examined and disposed of. La Nouba Blueberry Spread is a cooked fruit preparation containing visible pieces of blueberries. It consists of 55 percent fruit, 32 percent water, 6 percent apple pectin and lemon juice, and 5 percent maltitol. It is put up in a hexagon-shaped glass jar containing 225 grams, net weight.

The applicable subheading for the blueberry spread will be 2008.99.1890, Harmonized Tariff Schedule of the United States (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...other...berries... blueberries...other. The rate of duty will be 2.2 percent ad valorem.

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.


Robert B. Swierupski

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