CLA-2-08:OT:RR:E:NC:2:228
Ms. Ana Ramos
The Perishable Specialist, Inc.
9831 NW 58 Street, Unit 131
Miami, FL 33178
RE: The tariff classification of frozen fruit mixtures from Chile
Dear Ms. Ramos:
In your letter dated May 15, 2009, on behalf of Woodland Partners, South Walpole, MA, you requested a tariff classification ruling.
Ingredients breakdowns and a description of the manufacturing process were provided with your letter. The products are mixtures of individually quick frozen (IQF) fruits, packed for retail sale in plastic bags or pouches containing from 12 to 64 ounces. The Mangolicius mixture is composed of 50 percent mangoes, 30 percent cultivated (highbush) blueberries, and 20 percent raspberries. Fiesta Tropical mix contains 30 percent sliced peaches, 20 percent kiwi, 20 percent pineapple, 15 percent mango, and 15 percent cantaloupe. Caribbean Treasure mix contains 40 percent strawberries, 30 percent mangoes, and 30 percent peaches. Fruit Salad is composed of 40 percent peaches, 30 percent blueberries, 20 percent grapes, and 10 percent raspberries. Three products are described as Mixed Fruit. One is a mixture of 40 percent blueberries, 40 percent peaches, and 20 percent raspberries. A second is a mixture of 35 percent mangoes, 20 percent honeydew, 20 percent cantaloupe, 15 percent pineapple, and 10 percent grapes. The third Mixed Fruit is composed of 35 percent strawberries, 20 percent peaches, 15 percent cantaloupe, 15 percent grapes, and 15 percent pineapple.
The applicable subheading for the Mangolicius frozen fruit mixture will be 0811.90.5200, Harmonized Tariff Schedule of the United States (HTSUS), 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…mangoes. The rate of duty will be 10.9 percent ad valorem.
The applicable subheading for the Fiesta Tropical, Caribbean Treasure, Fruit Salad, and the three Mixed Fruit frozen fruit mixtures will be 0811.90.8080, HTSUS, 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.
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 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