NY 0872421 - The tariff classification of "savory jellies" from England - United States International Trade Commision Rulings

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NY 872421

April 8, 1992

CLA-2-21:S:N:N1:228

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.6097

Mr. Richard C.J. Sidoli
R.C.J.S., Inc.
2 Sherwood Terrace
Yonkers, NY 10704

RE: The tariff classification of "savory jellies" from England

Dear Mr. Sidoli:

In your undated letter, received on March 17, 1992, you requested a tariff classification ruling.

Five samples and ingredients breakdowns were submitted. The samples were opened, examined, and disposed of. The products are in the form of a loose to fairly firm jell, containing suspended pieces of fruit and/or vegetables. Caribbean Bomba consists of oranges, sugar, cider vinegar, peppers, and chilies. Tipsy Red is made from sugar, red currants, red wine vinegar, red wine, and pectin. Hot Pepper is composed of sugar, cider vinegar, peppers, pectin, and chilies. Garlic Jelly contains sugar, cider, pectin, apple juice, and garlic. The ingredients in Boozy Beetroot are sugar, red wine vinegar, beetroot, red wine, and pectin. These products are put up in glass jars containing 1.5, 4, 8, and 121 ounces, net weight.

The applicable subheading for the savory jellies will be 2106.90.6097, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or included...other... other...containing sugar derived from sugar cane and/or sugar beets. The rate of duty will be 10 percent ad valorem.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (19 CFR Part 134). The samples you have submitted do not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

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 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

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