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NY N008608

March 26, 2007



TARIFF NO.: 2008.20.0090; 2008.99.4000

Mr. Ray Reynolds
Lee Hardeman Customs Broker, Inc.
P.O. Box 45545
Atlanta, GA 30320-0545

RE: The tariff classification of prepared fruits from Thailand

Dear Mr. Reynolds:

In your letter dated March 16, 2007, on behalf of N & S International, LLC, Eufaula, AL, you requested a tariff classification ruling.

Samples of the products and their packaging were submitted with your letter. The samples were examined and disposed of. The products, Pineapple Chips and Mango Chips, are thinly sliced pieces of fruit that have been fried in vegetable oil and salted. The chips are packaged for retail sale in sealed foil pouches in a cardboard box containing 3.5 ounces (100 grams), net weight.

The applicable subheading for the pineapple chips will be 2008.20.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for fruitotherwise prepared or preserved, whether or not containing added sugar or other sweetening matterpineapplesother. The duty rate will be 0.35 cents per kilogram.

The applicable subheading for the mango chips will be 2008.99.4000, HTSUS, which provides for fruitotherwise prepared or preserved, whether or not containing added sugar or other sweetening matterotherothermangoes. The duty rate will be 1.5 cents per kilogram.

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/.

Articles classifiable under subheading 2008.99.4000, HTSUS, which are products of Thailand may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP".

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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