CLA-2-17:OT:RR:NC:232
Ms. Diane Richter
World Finer Foods
1455 Broad Street 4th Floor
Bloomfield, NJ 07003
RE: The tariff classification of Fruit Snacks from France
Dear Ms. Richter:
In your letter dated January 14, 2013 you requested a tariff classification ruling. You provided descriptive literature and samples. Samples were examined and disposed of.
The subject merchandise consists of two flavors of Fruit Snacks: Strawberry and Peach, and Banana and Pineapple, Passion fruit. The fruit snacks are “gummy-like”, bite sized fruit shaped snacks. They are packaged in small individual pouches. The fruit snacks are products of France packaged for retail sale, 6 pouches in a 4.4 ounce box.
The Strawberry and Peach flavor fruit snack is said to contain is said to contain 57 percent fruit extract (apple and carob), 24 percent apple juice concentrate, 7.6 percent peach juice concentrate, 3.3 percent mashed apple concentrate, 3.1 percent strawberry juice concentrate, 1.8 percent fruit pectin, and less than one percent of the following: flavors, glazing agent, and wheat starch.
The Banana and Pineapple, Passion Fruit flavor fruit snack is said to contain 55 percent fruit extract (apple and carob sugar), 24 percent apple juice concentrate, 7.4 percent banana juice concentrate, 3.9 percent passion fruit concentrate, 3.4 percent pineapple juice concentrate, 3.2 percent mashed apple concentrate, 1.7 percent lemon juice concentrate, 1.7 percent fruit pectin, and less than one percent of the following: flavors, glazing agent, and wheat starch.
The applicable subheading for The Strawberry and Peach, and The Banana and Pineapple, Passion Fruit Snacks will be 1704.90.3550, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sugar confectionery (including white chocolate), not containing cocoa: other: confections or sweetmeats ready for consumption: other: other: put up for retail sale: other. The rate of duty will be 5.6 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.
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 Frank Troise at (646) 733-3031.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division