CLA-2-8:RR:NC:2:228 A87809
Mr. Cesare Gallo
Gallo Brokerage
93 Willow Street
Wilkes Barre, PA 18702-1508
RE: The tariff classification of prepared fruits from Italy
Dear Mr. Gallo:
In your letter dated September 16, 1996 you requested a
tariff classification ruling.
Five samples were submitted with your letter. Three were
forwarded to the U.S. Customs laboratory for analysis. The
remaining two were examined and disposed of. "Prugne Secche de
Sardegna" (dried prunes of Sardinia) and "Prugne Secche de
Sardegna Denocciolate" (dried pitted prunes of Sardinia) are
whole prunes packed in a sealed, metallized plastic pouch
containing 125 grams, net weight. Sorbic acid has been added to
the former, and potassium sorbate to the latter, as
preservatives. Albicocche Secca Armatizzate alla Vernaccia"
(dried apricots flavored with Vernaccia wine) consists of dried,
pitted apricots, packed in a sealed pouch containing 125 grams,
net weight. The stated ingredients are dried apricots, wine,
sorbic acid and sulfur dioxide. Analysis found this product
contained 0.1 percent acetic acid. Albicocche Secche alla
Vernaccia (dried apricots in Vernaccia wine syrup) consists of
whole pitted apricots in a liquid medium of wine and syrup,
packed in glass jars containing 370 grams, net weight. This
product was found to contain 0.2 percent acetic acid. Macedonia
Frutta Fresca alla Vernaccia" (mixed dried fruit in Vernaccia
wine syrup) contains whole apricots, whole prunes, and sliced
apples, in wine and syrup, packed in glass jars containing 370
grams, net weight. Analysis found no acetic acid in this
product.
The applicable subheading for the prunes will be
0813.20.2000, Harmonized Tariff Schedule of the United States
(HTS), which provides for fruit, dried, other than that of
headings 0801 to 0806...prunes...other. The rate of duty will be
16.3 percent ad valorem.
The applicable subheading for the apricots will be
2008.50.4000, HTS, which provides for fruit...otherwise prepared
or preserved...whether or not containing added sugar or other
sweetening matter or spirit, not elsewhere specified or
included...apricots...other. The rate of duty will be 33.3
percent ad valorem.
the applicable subheading for the mixed fruits will be
2008.92.9050, HTS, which provides for fruit...otherwise prepared
or preserved...other...mixtures...other...packed in a liquid
medium in airtight containers...other...other. The rate of duty
will be 16.6 percent ad valorem.
The importation of this merchandise may be subject to
restrictions imposed by the United States Department of
Agriculture and/or Food and Drug Administration. It is suggested
you contact these agencies directly for further information.
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 212-466-5760.
Sincerely,
Roger J. Silvestri
Director
National Commodity
Specialist Division