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NY C86657




May 6, 1998

CLA-2-20:RR:NC:2:228 C86657

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.50.4000, 2008.60.0060

Frank M. Murphy
Norman G. Jensen, Inc.
P.O. Box 8008
3030 Commerce Drive
Port Huron, MI 48061-8008

RE: The tariff classification of preserved fruit from Canada.

Dear Mr. Murphy:

In your letters dated March 13, 1998, and April 8, 1998, on behalf of Au Printemps Gourmet Fin d'Hiver, Inc. Quebec, Canada, you requested a tariff classification ruling.

Three samples were submitted with your letter. Two of the samples were examined and disposed of. Apricots in Amaretto consists of apricot halves in water, sugar, alcohol (4.2 percent by volume), xanthan gum, and natural flavor. They are put up in a square-shaped glass jar measuring 3 inches x 3 inches and 3 1/2 inches tall, containing 250 ml, net weight. Cherries in Brandy consists of tart cherries, water, sugar, alcohol (0.5 percent by volume), brandy, natural flavor, inverted syrup, and xanthan gum. The cherries are packed in an urn-shaped glass jar measuring 3.25 inches at the base, approximately 4 1/2 inches at the widest point, and seven inches tall. Both products have hinged paper tags tied to the necks of the containers with a raffia-like material.

The applicable subheading for the Apricots in Amaretto will be 2008.50.4000, Harmonized tariff Schedule of the United States (HTS), which provides for fruit...otherwise prepared or preserved ...whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included...apricots ...other. The rate of duty will be 31.5 percent ad valorem.

The applicable subheading for the Cherries in Brandy will be 2008.60.0060, HTS, which provides for fruit...otherwise prepared or preserved...cherries...other...tart varieties. The rate of duty will be 9.7 cents per kilogram plus 6.3 percent ad valorem.

Additional requirements may be imposed on this product by the Bureau of Alcohol, Tobacco and Firearms (BATF). You may contact the BATF at:
Bureau of Alcohol, Tobacco and Firearms
650 Massachusetts Avenue N.W.
Washington, D.C. 20226
Tel# 202-927-8500

Your inquiry does not provide enough information for us to give a classification ruling on the Berry Best Jam. Your request for a classification ruling should include a complete description of the manufacturing process and an ingredients breakdown, by weight.

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,

Robert B. Swierupski
Director,

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