CLA-2-8:RR:NC:2:228 J88542
Mr. Jeff Stewart
SST International
P.O. Box 45055
Los Angeles, CA 90045
RE: The tariff classification of frozen fruit from Chile
Dear Mr. Stewart:
In your letters dated July 23, 2003 and August 25, 2003, on behalf of Kendall Frozen Fruits, Encino, CA, you requested a tariff classification ruling.
The products, “frozen fruit medley,” consist of mixtures of individually quick frozen fruit, packed for retail sale in plastic bags or plastic tubs. Three fruit mixes are identified in your letter. One mix is composed of 37 percent whole strawberries, 33 percent blackberries, and 30 percent sliced peaches. A second mix consists of 33 percent each of raspberries, blueberries, and blackberries. The third mix contains 25 percent each of raspberries, blueberries, blackberries, and whole strawberries.
The applicable subheading for the mixture of frozen raspberries, blueberries and blackberries, and the mixture of frozen raspberries, blueberries, blackberries, and strawberries will be 0811.90.2028, Harmonized Tariff Schedule of the United States (HTS), which provides for fruit…uncooked or cooked by steaming or boiling in water, frozen, whether or not containing added sugar or other sweetening matter…other… blueberries…cultivated. The rate of duty will be free.
The applicable subheading for the mixture of frozen strawberries, blackberries, and peaches will be 0811.90.8080, HTS, which provides for fruit…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.
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 Stanley Hopard at 646-733-3029.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division