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NY 807879




March 28, 1995

CLA-2-04:S:N:N7:232 807879

CATEGORY: CLASSIFICATION

TARIFF NO.: 0408.99.0000

Mr. Todd Masters
Albert Uster Imports, Inc.
9211 Gaither Road
Gaithersburg, MD 20877

RE: The tariff classification of pressurized lemon juice and pressurized egg wash from France.

Dear Mr. Masters:

In your letter dated March 8, 1995 you requested a tariff classification ruling.

Your query concerns the classification of two food products. The lemon juice is made strictly from pure lemon juice with no additives or preservatives, and is pressurized with carbon dioxide gas. It will be packaged in 300 or 150 ml cans, and would be used as a flavoring for drinks, or for numerous food applications. The egg wash is made from pasteurized eggs and pressurized with carbon dioxide gas. Again, no preservatives or other additives are used. The product is intended as a convenience product to be sprayed as a glaze on pre-baked items. Samples of both products were included with your request.

The applicable subheading for the egg wash will be 0408.99.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for birds' eggs, not in shell, and egg yolks, fresh, dried, cooked by steaming or by boiling in water, molded, frozen or otherwise preserved, whether or not containing added sugar or other sweetening matter...other...other. The duty rate will be 11.7 cents per kilogram.

Your inquiry does not provide enough information for us to give a classification ruling on the lemon juice. Your request for a classification ruling should include a description of how the lemon juice is produced, the Brix value of the juice, and the function of the carbon dioxide (for example - is it solely a propellant and how does it affect the lemon juice?).

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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