2008.97.90.40 - Containing oranges or grapefruit

This HTS category, 2008.97.90.40, specifically classifies prepared or preserved fruits, nuts, and other edible plant parts that are packaged in a liquid medium within airtight containers, and are *not* mixtures of subheadings 2008.19. The critical defining characteristic here is the inclusion of oranges or grapefruit as a component within these fruit preparations. This means that any item fitting this description, regardless of other fruits or vegetables that might also be present, will be classified here if oranges or grapefruit are a discernible part of the product.

This specific classification is distinguished from its sibling category, 2008.97.90.50 (Other), by the explicit requirement for the presence of oranges or grapefruit. While both fall under the broader "Other" designation for mixtures packed in a liquid medium in airtight containers within the 2008.97.90 grouping, 2008.97.90.40 is narrowly focused on products where oranges or grapefruit are a key ingredient. The "Other" sibling would encompass similar preparations in liquid medium and airtight containers that *do not* contain oranges or grapefruit.

As this is a leaf node within the HTS, there are no further subcategories. Therefore, the classification is definitive once the criteria of being a prepared or preserved fruit/plant part mixture, packed in a liquid medium in airtight containers, and containing oranges or grapefruit are met. For practical classification, importers should verify the presence of oranges or grapefruit and confirm that the product is not specifically covered by a more specific subheading, such as those for mixtures of nuts (2008.19) or those not packed in liquid medium.