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NY N019823

November 29, 2007



TARIFF NO.: 2008.92.10; 2008.92.90

Ms. Laree Griffith
Carson Customs Brokers (USA) Inc.
925 Boblett Street, Bldg. B
Blaine, WA 98230

RE: The tariff classification of fruit and nut bars.

Dear Ms. Griffith:

In your letter dated October 29, 2007, on behalf of Natures Path Foods Inc., Richmond, BC, you requested a tariff classification ruling.

Samples submitted with your letter were examined and disposed of. Natures Path brand organic fruit and nut bars (Chia Razz, Goji Moji, Banana Manna, Pistachi-Oh) are flat, rectangular-shaped snack foods measuring approximately 3.5 x 1.5 inches. The Chia Razz bar consists of dates, raisins, apples, raspberries, cashews, chia seeds, flavor, and lemon juice concentrate. The Goji Moji bar contains dates, fig paste, dried sweetened cranberries, goji berries, orange peel, lemon juice concentrate, and orange oil. The Banana Manna bar is made from dates, dried bananas, and almonds, and the Pistachi-Oh! bar contains dates, dried unsweetened coconut, cashews, pistachios, lemon juice concentrate, and spices. The fruit and nut bars are packaged for retail sale in plastic film wrappers containing 45 grams, net weight.

When in airtight wrappers, the applicable subheading for the Chia Razz, Goji Moji, Banana Manna, Pistachi-Oh! bars will be 2008.92.10, HTSUS, which provides for fruit, nuts, and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or includedother, including mixtures other than those of subheading 2008.19 mixturesin airtight containers and not containing apricots, citrus fruits, peaches or pears. When not in airtight containers, the applicable subheading for the fruit and nut bars will be 2008.92.90, HTSUS, which provides for fruit, nuts and other edible parts of plants, otherwise prepared or preservedother, including mixtures other than those of subheading 2008.19mixturesother.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

Your inquiry does not provide enough information for us to issue a classification ruling on the Chocolada Walnut bar. Your request for a classification ruling should include the quantity of sugar, butterfat, and/or milk solids, if any, contained in the product.

When this information is available, you may wish to consider resubmission of your request.

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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