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NY R03292




March 7, 2006

CLA-2-21:RR:NC:N2:228 R03292

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.90.9091

Ms. Rebecca Friedlander
Rutherford & Meyer
11B Gaya Grove
Ngaio
Wellington, 6004 New Zealand

RE: The tariff classification of chutney from New Zealand

Dear Ms. Friedlander:

In your letter dated February 14, 2006 you requested a tariff classification ruling.

Descriptive literature accompanied your letter. Roasted Fig & Mustard Chutney and Fresh Fig & Rhubarb Compote are prepared foods packed for retail sale in glass jars containing 9 ounces (270 grams) net weight. Roasted Fig & Mustard Chutney is composed of brown sugar, roasted figs, white wine vinegar, pear, apple, apricots, mustard, salt, and spice. The chutney is said to be used as an accompaniment to salmon, lamb, beef, and pork.

The applicable subheading for the Roasted Fig & Mustard Chutney will be 2103.90.9091, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sauces and preparations thereforotherotherother. The duty rate will be 6.4 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Fresh Fig & Rhubarb Compote. Your request for a classification ruling should include a complete ingredients breakdown, by weight, and two samples for examination and laboratory analysis. When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you.

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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