CLA-2-20:S:N:N1:228

Ms. Nydia R. Kastre
NSM Import & Export Corp.
3100 S. Manchester St., No. 202
Falls Church, VA 22044

RE: The tariff classification of a fruit product from Colombia

Dear Ms. Kastre:

In your letters dated October 16, 1991 and December 5, 1991 you requested a tariff classification ruling.

A sample accompanied your October letter, was examined and disposed of. The product, "Lonja," is in the form of a three- layered block, measuring approximately 7 inches long, 2 1/4 inches wide, and 1 3/4 inches thick, said to consist of red guava pulp, white guava pulp, sugar, and milk. The top and bottom layers are made of the red guava, the center, thicker layer the white-fleshed fruit. Lonja has a very firm consistency, and will be consumed by slicing sections from the block, and eating this portion alone or with cheese, crackers, etc. Each imported block weighs 500 grams, will be wrapped in plastic or dry banana leaves, and sold at retail.

The applicable subheading for the Lonja will be 2008.99.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for fruit...otherwise prepared or preserved...not elsewhere specified or included...other...guavas. The duty rate will be free.

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