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NY R03540

April 11, 2006

CLA-2-08:RR:NC:N2:228 R03540


TARIFF NO.: 0811.90.8080

Mr. John Staib
J.E.S. Forwarding Inc.
150 Broadway
New York, NY 10038

RE: The tariff classification and country of origin marking of a frozen fruit mixture from Chile

Dear Mr. Staib:

In your letter dated March 24, 2006, on behalf of Europe’s Best Inc., Montreal, Quebec, Canada, you requested a tariff classification ruling.

An ingredients breakdown accompanied your letter. An illustration of the product appears on your client’s Website, www.europesbest.com. Europe’s Best brand Fiesta Tropical Blend is a mixture of frozen fruits, put up for retail sale in a sealed package containing 600 grams, net weight. The mixture is said to be composed of 30 percent peaches, 20 percent kiwifruit, 20 percent pineapple, 15 percent cantaloupe, and 15 percent mangoes. The peaches and kiwifruit are products of Chile, the pineapple is a product of Ecuador, the cantaloupe is a product of Honduras, and the mangoes are products of Peru.

The applicable subheading for the Fiesta Tropical Blend will be 0811.90.8080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for fruituncooked or cooked by steaming or boiling in water, frozen, whether or not containing added sugar or other sweetening matterotherother. The rate of duty will be 14.5 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," Product of," or other words of similar meaning.

In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears.

Applying the Marking Rules set forth in section 304 of the Tariff Act and section 134 of the Customs Regulations, we find that the Fiesta Tropical Bend must be marked to indicate the countries of origin of all the fruit in the mixture, viz., Chile, Honduras, Peru, and Ecuador. In addition, in accordance with section 146.46 of the Customs Regulations, noted above, the country of origin marking must appear in close proximity to the words “Europe’s Best” and any other geographical location other than the actual countries of origin of the frozen fruit.

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 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

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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