NY 865050: The tariff classification of natural honey, and chocolatecovered dried fruits from Peru.

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                   NY 865050
                                  JUL 12 1991 



CLA-2-04:S:N:N1:232-865050  

CATEGORY:  Classification

TARIFF NO.: 0409.00.0020; 0409.00.0040; 0409.00.0060;
1806.90.0078;                     1806.90.0090  

Mr. B. Felipe Morales-Bermudez F.
Frozen Bananas S.A.
Av. La Paz No.434 
Oficina 502  Miraflores
Lima 18, Peru

RE:  The tariff classification of natural honey, and chocolate
covered           dried fruits from Peru.

Dear Mr. Morales-Bermudez F.:

     In your letter dated July 1, 1991 you requested a tariff
classification ruling.  

     The subject merchandise is described as natural honey which
contains no additives, and will be imported in 55 gallon
cylinders, and in 0.500 kilogram glass containers.  Also to be
imported, are tropical dried fruits covered in pure chocolate
with no additives.  

     The applicable subheading for the natural honey in 55 gallon
cylinders, if it is extra light amber and lighter, will be
0409.00.0040, Harmonized Tariff Schedule of the United States
(HTS), which provides for natural honey...other.  The duty rate
will be 2.2 cents per kilogram.  If the honey is light amber and
darker, the applicable subheading is 0409.00.0060, HTS.  The duty
rate will be 2.2 cents per kilogram.  
     
     The applicable subheading for the natural honey in 0.500
kilogram glass containers will be 0409.00.0020, Harmonized Tariff
Schedule of the United States (HTS), which provides for natural
honey: packaged for retail sale.  The duty rate will be 2.2 cents
per kilogram.

     All natural honey is also subject to a supplemental
agriculture fee of 2.2 cents per kilogram.

     The applicable subheading for the chocolate covered tropical
dried fruits, if retail packaged, will be 1806.90.0078,
Harmonized Tariff Schedule of the United States (HTS), which
provides for chocolate and other food preparations containing
cocoa: other...other...other: put up for retail sale...other. 
The duty rate will be 7 percent ad valorem.  The applicable
subheading for the chocolate covered tropical dried fruits, if
not packaged for retail sale, will be 1806.90.0090, HTS.  The
duty rate will be 7 percent ad valorem.         

     Articles classifiable under subheadings 1806.90.0078 and
1806.90.0090, HTS, which are products of Peru are entitled to
duty free treatment under the Generalized System of Preferences
(GSP) upon compliance with all applicable regulations.

     This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).

     A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported.  If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.

                                   Sincerely,

                                   
  
                                   Jean F. Maguire
                                   Area Director
                                   New York Seaport             
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