CLA-2-8:S:N:N1:228
Brother Christian
Gethsemani Farms
Highway 247
Trappist, KY 40051
RE: The tariff classification of a mixture of dried fruit and
nuts, from Chile
Dear Brother Christian:
In your letter dated October 2, 1991, and an undated letter
received on December 6, 1991, you requested a tariff
classification ruling.
Two samples accompanied your letter. Product No. 1 consists
of a wooden bowl filled with a mixture of dark raisins, shelled
almonds, and shelled walnuts, sealed in a nitrogen-modified
atmosphere in a "Cryovac" bag. The nuts and raisins, arranged in
three distinct rows, have not been prepared or treated other than
by drying. The purpose of the injected nitrogen is to prevent
the bag from clinging to the food.
The applicable subheading for this product will be
0813.50.0060, Harmonized Tariff Schedule of the United States
(HTS), which provides for mixtures of nuts or dried fruits
of...[chapter 8]...other. The duty rate will be 17.5 percent ad
valorem.
The question of classification for product No. 2 is being
referred to the Office of Regulations and Rulings, U.S. Customs
Service Headquarters, 1301 Constitution Avenue, N.W., Washington
D.C. 20229. A ruling will be issued to you from that office.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport