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NY L80058




October 14, 2004

CLA-2-20:RR:NC:2:228 L80058

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.99.0500

Mr. Bob Forbes
R.O.E. Logistics
660 Bridge Street
Montreal, Quebec H3K 3K9 Canada

RE: The tariff classification of a fruit product from Switzerland

Dear Mr. Forbes:

In your letter dated July 19, 2004, on behalf of Barry Callebaut Canada, Inc., St. Hyacinthe, Quebec, Canada, you requested a tariff classification ruling.

An ingredients breakdown and product information was submitted with your letter. A sample, submitted under separate cover, was received on October 6, 2004. Product no. 40912 Strudelpom, consists of dry, irregular-shaped slices of apples. The stated ingredients are 61.7 percent apple, 35.9 percent sugar, and less than one percent, each, of spices, corn starch, acid, antioxidant, and anti-agglomerating agent. The product will be imported in 1.6-kilogram bags and used as an ingredient in cakes, pralines, cookies, and other bakery goods. Users must mix the product with warm water and allow it to stand for two hours before it may be used.

The applicable subheading for this product will be 2008.99.0500, Harmonized Tariff Schedule of the United States (HTS), which provides for fruitotherwise prepared or preservedotherapples. 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 646-733-3029.

Sincerely,

Robert B. Swierupski
Director,

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