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NY L81332

January 12, 2005

CLA-2-8:RR:NC:2:228 L81332


TARIFF NO.: 0811.90.8080

Mr. Charles Sloan
Full Circle Holdings
7102 North Atlantic Place
Long Beach, CA 10119

RE: The tariff classification of fruit pulps from Brazil.

Dear Mr. Sloan:

In your undated letter, received by this office on December 21, 2004, you requested a tariff classification ruling.

A description of the manufacturing process for five frozen tropical fruit pulps was submitted with your letter. The products are made by peeling, grinding, and packaging passion fruit (Pasiflora Edulis), peach (Purnus persica), and guava (Psidium guajava). The fruit will be put up in 100 gram packages for retail sale to health food stores and supermarkets.

The applicable subheading for the frozen passion fruit (Pasiflora Edulis), peach (Purnus persica), and guava (Psidium guajava) pulp will be 0811.90.8080, Harmonized Tariff Schedule of the United States (HTS), which provides for fruit and nuts, uncooked or cooked by steaming or boiling in water, frozen, whether or not containing added sugar or other sweetening matterotherotherother. The rate of duty will be 14.5 percent ad valorem.

This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

Your inquiry does not provide enough information for us to issue a classification ruling on the blackberry/strawberry and papaya/orange pulps. Your request for a classification ruling should include complete ingredients breakdowns, by weight, for these two products.

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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