CLA-2-08:OT:RR:NC:2:228

Mr. Paul Foster
Bay Point Trading, Inc.
98 Essa Road
Barrie, Ontario, Canada L4N 3K7

RE: The tariff classification of frozen fruit blend from Thailand

Dear Mr. Foster:

In your letter dated November 8, 2011 you requested a tariff classification ruling.

Additional information needed to classify the product was requested. Processing flowcharts and product data sheets were provided for Asian Exotic Blend. The product is a blend of three frozen fruits, grown and processed in Thailand, which is 45% chunks of peeled mango (1.35 lbs.), 35% peeled, seeded rambutan (1.05 lbs.) and 20% peeled, pitted litchi (0.6 lbs.). There are no added sugars, or ingredients other than the three fruit, in three side seal with zipper food grade plastic bags, net weight 3 lbs. (1.362 kg. e), eight (8) bags per outer carton.

The applicable subheading for the product will be 0811.90.8080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for fruit and nuts, uncooked or cooked by steaming or boiling in water, frozen, whether or not containing added sugar or other sweetening matter: other: other. . . other. 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 the 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 website 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 Bruce N. Hadley, Jr. at (646) 733-3029.

Sincerely,

Thomas J. Russo
Director
National Commodity Specialist Division