CLA-2-20:S:N:N1:228
2008.99.2000
Mr. James F. Carroll
J.M. Rodgers Co., Inc.
90 West Street
New York, NY 10006-1039
RE: The tariff classification of fruit nuggets from France
Dear Mr. Carroll:
In your letter dated June 26, 1991, on behalf of BMT
Commodity Corp, you requested a tariff classification ruling.
Descriptive literature and three samples accompanied your
letter. The sample of "natural raspberry nuggets" was forwarded
to the U.S. Customs laboratory for analysis. The "blueberry
nugget" and "pineapple nugget" samples were examined and disposed
of. The products are said to be made from fruit puree, sucrose
or dextrose, sodium alginate, calcium orthophosphate, citric
acid, potassium citrate, flavoring, and coloring. The
ingredients are mixed, allowed to gel, cut and dried. The fruit
nuggets are produced in the form of strips, cubes measuring 5-6
millimeters, or "granules" measuring 1-3 or 3-5 millimeters, and
will be used as ingredients in cereals, baked goods, confections,
and other food products.
The applicable subheading for the pineapple nuggets, when
containing sucrose, will be 2008.20.0010, Harmonized Tariff
Schedule of the United States (HTS), which provides for
fruit...otherwise prepared or
preserved...pineapples...containing cane and/or beet sugar. When
the product is prepared without sucrose, it will be classified in
subheading 2008.20.0090, HTS. In either case, the rate of duty
will be .55 cents per kilogram.
The applicable subheading for the blueberry nuggets will be
2008.99.1800, which provides for fruit...otherwise prepared or
preserved...other...berries...blueberries. The rate of duty will
be 3.5 percent ad valorem.
The applicable subheading for the raspberry nuggets will be
2008.99.2000, HTS, which provides for fruit...otherwise prepared
or preserved...other...berries...other. The rate of duty will be
7 percent ad valorem.
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