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NY N007542

March 6, 2007



TARIFF NO.: 2008.92.9094

Mr. Charles Sloan
Full Circle Holdings
7102 North Atlantic Place
Long Beach, CA 90805

RE: The tariff classification of frozen fruit products from Brazil

Dear Mr. Sloan:

In your undated letter dated, received by this office on February 28, 2007 you requested a tariff classification ruling.

Product literature, not in English, was submitted with your letter. Your letter described the merchandise as “frozen fresh tropical fruit pulps” consisting of mechanically ground fruit pulps with added guarana extract, vitamin C, honey, and sugar, put up for retail sale in cups containing 250 grams, net weight. Three fruit cup varieties are described, acai (Euterpe oleracae) and banana, acai and strawberry, and acai, pineapple, and acerola.

The applicable subheading for these three fruit cups will be 2008.92.9094, Harmonized Tariff Schedule of the United States (HTSUS), which provides for fruitotherwise prepared or preserved, whether or not containing added sugar or other sweetening matterothermixturesotherother. The rate of duty will be 14.9 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/.

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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