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NY A80621




May 17, 1996

CLA-2-20:RR:NC:FC:228 A80621

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.99.2000; 2008.99.9090; 2106.90.9997

Mr. Christian Emmanuel
Cemma International, Inc.
4829 Avenue Rosedale
Montreal, Quebec Canada H4V 2H3

RE: The tariff classification of food products from Canada

Dear Mr. Emmanuel:

In your letter dated February 19, 1996, on behalf of Gourmet Sauvage, Montreal, Quebec, Canada, you requested a tariff classification ruling.

Samples and descriptive literature for five products were submitted with your letter. One sample was forwarded to the U.S. Customs laboratory for analysis. The remainder were opened, examined, and disposed of. Saskatoon Berry Preserves consists of small (i.e., approximately 3/8-inch), mostly whole, purple berries, in a liquid medium. Cloudberry Compote is a preparation consisting of yellow berries, most in broken condition, in a thick, yellow syrup. Chokecherry Jelly is a red, semi-solid, gelatinous mass, said to be composed of 55 percent chokecherry juice, 44 percent sugar, and one percent fruit pectin. Cattail Hearts in Water consists of ivory-colored, round and oval-shaped rods, approximately two inches long, and ranging from 3/8 to 1/2 inch in diameter, in a liquid composed of water, concentrated lemon juice, and salt. Pickled Milkweed Pods are whole pods from the milkweed plant (Asclepias syriaca), in a liquid composed of water, cider vinegar, sugar, salt, tarragon, and pepper. Laboratory analysis of this sample found the acetic acid content to be .43 percent. All products are packed in hexagonal-shaped glass jars, containing 100 milliliters.

The applicable tariff provision for the Saskatoon Berry Preserves and the Cloudberry Compote will be 2008.99.2000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for fruit...otherwise prepared or preserved...other...berries...other. The general rate of duty will be 6.2 percent ad valorem.

The applicable subheading for the Cattail Hearts in Water and the Pickled Milkweed Pods will be 2008.99.9090, HTS, which provides for other edible parts of plants, otherwise prepared or preserved...other...other...other. The general rate of duty will be 6.7 percent ad valorem.

The applicable subheading for the Chokecherry Jelly will be 2106.90.9997, HTS, which provides for food preparations not elsewhere specified or included...other...other...containing sugar derived from sugar cane and/or sugar beets. The general rate of duty will be 8.8 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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

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