United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2005 NY Rulings > NY L84305 - NY L84359 > NY L84308

Previous Ruling Next Ruling
NY L84308





May 11, 2005

CLA-2-20:RR:NC:2:228 L84308

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.80.0000; 2008.99.0500

Mr. Claude Jobin
Select Marketing Inc.
15 Gerard Avenue
Candiac, QC J5R 3W9 Canada

RE: The tariff classification of fruit preparations from Canada

Dear Mr. Jobin:

In your letters dated March 22, 2005 and April 14, 2005 you requested a tariff classification ruling.

Product labels were submitted with your first letter; ingredients breakdowns and three samples accompanied your April letter. Two of the samples were opened, examined and disposed of. A third sample, Raspberry Maple Spread, arrived in damaged condition and was not examined. Strawberry Maple Spread and Apple Maple Spread are composed of approximately 49 percent each of fruit and maple syrup, 4-5 percent lemon juice, 1-2 percent pectin, and one percent carob gum. Examination of the samples found both to be products with a relatively homogenous, pulpy appearance, and of a consistency that easily poured from the container. Both are packed for retail sale in glass jars containing 250 milliliters.

The applicable subheading for the Strawberry Maple Spread will be 2008.80.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for fruitotherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or includedstrawberries. The rate of duty will be 11.9 percent ad valorem.

The applicable subheading for the Apple Maple Spread will be 2008.99.0500, Harmonized Tariff Schedule of the United States (HTS), which provides for fruitotherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or includedother otherapples. The rate of duty will be 0.9 cents per kilogram.

This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

Your inquiry does not provide enough information for us to give a classification ruling on the Raspberry Maple Spread. As noted above, the sample was received in damaged condition and could not be examined. If you would like ruling on this product, please submit another sample. 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,

Previous Ruling Next Ruling

See also: