CLA-2-20:OT:RR:NC:2:228
Mr. John Vischio
C.H. Powell Co.
111 Town Square Place, Suite 1401
Jersey City, NJ 07310
RE: The tariff classification of pear puree concentrate from Argentina
Dear Mr. Vischio:
In your letters dated November 12, 2010, on behalf of BMT Weiser LLC, you requested a tariff classification ruling.
A product data sheet and process flow chart accompanied your letter. Additional information was submitted via email on December 9, 2010. The product is described as a creamy white, homogeneous puree composed of 100 percent pear. It is prepared by washing and crushing pears, cooking, pitting, sieving, evaporating and concentrating to 30-32 Brix, sterilizing, cooling and packing in aseptic bags in drums for industrial use.
In your letter, you suggest a tariff classification of 2009.80.2000, Harmonized Tariff Schedule of the United States (HTSUS), the provision for pear juice. Based on method of production, it will be classified elsewhere.
The applicable subheading for the pear puree concentrate will be 2007.99.4800, HTSUS, which provides for fruit or nut puree…obtained by cooking… other…pastes and purees: apple, quince and pear. The rate of duty will be 12 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 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.
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