CLA-2-20:RR:E:NC:2:228

Ms. Isabelle E. White
Histoire Sucree
1, allees des Alpilles
Colomiers 31770 France

RE: The tariff classification of prepared fruit from France.

Dear Ms. White:

In your letter dated June 11, 2007, you requested a tariff classification ruling.

A description of the manufacturing process, pictures, and a list of ingredients were submitted with your request. Les Fruits Confits is a mixture of fruit preserved by sugar (glacé). The product is composed of a variety of fruit including melons, pears, apricots, plums, grapefruits, tangerines, etc. that have been rinsed, peeled, pitted, or sliced, pierced and blanched. The fruit is segregated, combined with syrup, and boiled and cooled seven times over a period of 3-4 weeks. The fruit becomes saturated and is allowed to rest in the syrup for a minimum of two months. It is removed from the syrup, dipped in more syrup, allowed to dry, and placed into 300-gram boxes containing nine fruits and 500-gram boxes containing16 fruits.

The applicable subheading for the Les Fruit Confits will be 2006.00.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for vegetables, fruit, nuts, fruit-peel and other parts of plants preserved by sugar (drained, glacé or crystallized)…other, including mixtures…mixtures. The rate of duty will be 16 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 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 telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

Your inquiry does not provide enough information for us to issue a marking ruling on Les Fruit Confits. Your request for a marking ruling should include the additional information indicated below:

The countries of origin of each fruit. The country in which the processing occurs. A sample of the box or clear pictures showing each panel of the box.

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