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NY H80343

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July 12, 2001

CLA-2-20:RR:NC:2:228 H80343

CATEGORY: CLASSIFICATION

TARIFF NO.: 2001.90.6000, 2008.92.1040, 2008.99.9090, 2103.90.9090

Mr. Gerald Le Gal
Gourmet Sauvage Inc.
Box 5098, Sainte Adele
Quebec, Canada J8B 1A1

RE: The tariff classification of food products from Canada.

Dear Mr. Le Gal:

In your letter dated April 9, 2001, you requested a tariff classification ruling.

Four samples were submitted with your letter. The samples were examined and disposed of. The Ox-Eye Daisy Buds were forwarded to the U.S. Customs laboratory for analysis. The sample of Marinated Ox-Eye Daisy Buds is said to contain daisy buds (Chrysanthemum leucanthemum) in a liquid medium of cider vinegar, water, and sea salt. The Lingonberry and Cranberry Compote consists of pieces of fruit (34 percent lingonberries, Vaccinium vitis-idaea, and 33 percent cranberries, Vaccinium oxycoccus) and juice. The Marinated Spruce Tips are spruce tips (Picea glauca) in water, natural concentrated lemon juice, and sea salt. The Wild Fruit Chutney contains whole and broken pieces of fruit in juice. The stated ingredients are 20 percent Saskatoon berries, 20 percent cranberries, and 7 percent blueberries, 20 percent sugar, 16 percent onions, 16 percent cider vinegar, and 1 percent spices. Laboratory analysis found the Marinated Ox-Eye Daisy Buds to contain 1.57 percent acetic acid. All of the products are available in glass jars containing 3.5, 8, and 16 fluid ounces.

The applicable subheading for the Marinated Ox-Eye Daisy Buds will be 2001.90.6000 Tariff Schedule of the United States (HTS), which provides for vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acidotherother. The rate of duty will be 14 percent ad valorem.

The applicable subheading for the Lingonberry and Cranberry Compote will be 2008.92.1040, 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 includedother including mixtures other than those of subheading 2008.19othermixturesin airtight containers and not containing apricots, citrus fruits, peaches or pearsother. The rate of duty will be 5.6 percent ad valorem.

The applicable subheading for the Marinated Spruce Tips will be 2008.99.9090, HTS, which provides for other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or includedotherotherotherother. The rate of duty will be 6 percent ad valorem.

The applicable subheading for the Wild Fruit Chutney will be 2103.90.9090, HTS, which provides for sauces and preparations thereforotherotherother. The rate of duty will be 6.4 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 212-637-7065.

Sincerely,

Robert B. Swierupski
Director,

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See also:

• Tariff No.: 2001.90.60 - Fruits, nuts, and other edible parts of plants, nesi, prepared or preserved by vinegar or acetic acid
• Tariff No.: 2008.92.10 - Mixtures of fruit or edible parts of plants, in airtight cont. excl. apricots, citrus, peaches or pears (incl. canned tropical fruit salad)
• Tariff No.: 2008.99.90 - Fruit nesi, and other edible parts of plants nesi, other than pulp and excluding mixtures, otherwise prepared or preserved, nesi
• Tariff No.: 2103.90.90 - Sauces and preparations therefor, neosi