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NY I80370




April 19, 2002

CLA-2-20:RR:NC:2:228 I80370

CATEGORY: CLASSIFICATION

TARIFF NO.: 2005.90.9700; 2008.50.4000; 2008.60.0040; 2008.60.0060; 2008.80.0000; 2008.99.2000; 2106.90.9990

Mr. Norman Elisberg
Lafayette Shipping Company
2425B 3rd Street
Fort Lee, NJ 07024-4051

RE: The tariff classification of sugar-free fruit and vegetable spreads from Belgium

Dear Mr. Elisberg:

In your letter dated February 20, 2002, on behalf of La Nouba, Inc., Midland Park, NJ, you requested a tariff classification ruling.

Eight samples accompanied your letter. Ingredients breakdowns and information concerning the method of production were received on April 8, 2002. The samples were examined and disposed of. The products are sugar-free spreads composed of fruit, fruit juice, or vegetables packed for retail sale in glass jars containing 225 grams, and put up for wholesale distribution in containers holding 3 kilograms. Each spread is said to contain 55 percent fruit, vegetables, or fruit juice, 18 percent water, 15 percent maltitol, 10 percent pectin, and 2 percent lemon juice.

The applicable subheading for the rhubarb spread 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 acidother vegetablesother. The rate of duty will be 11.2 percent ad valorem

The applicable subheading for the apricot spread will be 2008.50.4000, HTS, which provides for fruitotherwise prepared or preservedapricots...other. The rate of duty will be 29.8 percent ad valorem.

The applicable subheading for the black cherry spread, when made with sweet cherry varieties, will be 2008.60.0040, HTS, which provides for fruitotherwise prepared or preservedcherriesothersweet varieties. When prepared from tart cherry varieties the applicable subheading will be 2008.60.0060, HTS. In both cases, the rate of duty will be 6.9 cents per kilogram plus 4.5 percent ad valorem

The applicable subheading for the strawberry spread will be 2008.80.0000, HTS, which provides for fruitotherwise prepared or preservedstrawberries. The rate of duty will be 11.9 percent ad valorem.

The applicable subheading for the raspberry spread and the red currant spread will be 2008.99.2000, HTS, which provides for fruitotherwise prepared or preserved otherberriesother. The rate of duty will be 4.5 percent ad valorem.

The applicable subheading for the apple spread will be 2106.90.9990, HTS, which provides for food preparations not elsewhere specified or includedothercanned. The rate of duty will be 6.4 percent ad valorem

Your inquiry does not provide enough information for us to give a classification ruling on the four fruit spread. Your request for a classification ruling should include the identity of the fruits used to make this product. When this information is available, you may wish to consider resubmission of your request.

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 646-733-3029.

Sincerely,

Robert B. Swierupski
Director,

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