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NY B86858




July 8, 1997

CLA-2-20:RR:NC:2:228 B86858

CATEGORY: CLASSIFICATION

TARIFF NO.: 2005.90.9700; 2008.99.2000; 2008.99.6000; 2106.90.9990

Mr. Gerald Le Gal
Gourmet Sauvage
Box 5098
Sainte Adele, Quebec, Canada J0R 1L0

RE: The tariff classification of food products from Canada

Dear Mr. Le Gal:

In your letter dated June 10, 1997 you requested a tariff classification ruling.

Samples and product labels accompanied your letter. The samples were examined and disposed of. Marinated Fiddleheads is fiddlehead greens in a clear liquid composed of water, lemon juice and salt. Highbush Cranberry Compote is a dark brown, syrup-like product, containing small but unrecognizable fruit particles, composed of highbush cranberries (Viburnum trilobum), sugar, and orange zest. Wild Plum Compote consists of broken fruit pieces (Prunus americana), ranging in size from approximately 1/2-inch to one inch, in a dark, red/brown syrup. The stated composition is 50 percent wild plum and 50 percent sugar. Balsam Fir Jelly is a green-colored product consisting of gelatinous clumps in a thick liquid medium. This product is composed of balsam needle juice, sugar, lemon juice, pectin and vegetable coloring. Elderberry Jelly is a red, syrup-like product, composed of elderberry juice, sugar, lemon juice, and pectin. All are packed in round glass jars containing 500 milliliters (16 fluid ounces).

The applicable subheading for the Marinated Fiddleheads will be 2005.90.9700, Harmonized Tariff Schedule of the United States (HTS), which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid...other vegetables... other. The duty rate will be 14.4 percent ad valorem.

The applicable subheading for the Highbush Cranberry Compote will be 2008.99.2000 HTS, which provides for fruit...otherwise prepared or preserved...other...berries...other. The rate of duty will be 5.8 percent ad valorem.

The applicable subheading for the Wild Plum Compote will be 2008.99.6000, HTS, which provides for fruit...otherwise prepared or preserved...other...plums (including prune plums and sloes). The rate of duty will be 14.4 percent ad valorem.

The applicable subheading for the Balsam Fir Jelly and the Elderberry Jelly will be 2106.90.9990, HTS, which provides for food preparations not elsewhere specified or included...other... other...canned. The rate of duty will be 8.2 percent ad valorem.

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

Gwenn Klein Kirschner
Chief, Special Products Branch

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