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NY N010628




May 14, 2007

CLA-2-20:RR:E:NC:N2:228

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.80.0000; 2008.92.1040; 2008.99.2090

Mr. Henrik Fenger
Scandic Food, Inc.
700 Rockmead Drive
Kingwood, TX 77339

RE: The tariff classification of fruit spreads from Denmark

Dear Mr. Fenger:

In your letter dated May 2, 2007 you requested a tariff classification ruling.

Ingredients breakdowns for three products accompanied your letter. Copies of the product labels and a photograph of the products was provided with earlier correspondence. Fit & Active brand “reduced sugar” fruit spreads are cooked, fruit-based food products put up for retail sale in airtight glass jars containing 12 ounces, net weight. Three varieties are described in your letter: strawberry, black currant, and “fruits of the forest” (morello cherries, blackberries, raspberries, and red currants). All are composed, prior to cooking, of approximately 65 percent fruit, 39 percent sugar, 5 percent water, and less than one percent, each, of pectin and potassium sorbate. The fruits of the forest variety also contains a trace amount of citric acid. Moisture lost in processing is approximately 10 percent.

The applicable subheading for the strawberry fruit spread will be 2008.80.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for fruitotherwise prepared or preserved, whether or not containing added sugar or other sweetening matterstrawberries. The rate of duty will be 11.9 percent ad valorem.

The applicable subheading for the fruits of the forest spread will be 2008.92.1040, HTSUS, which provides for fruitotherwise prepared or preserved, whether or not containing added sugar or other sweetening matterother mixturesin airtight containers and not containing apricots, citrus fruits, peaches or pears. The rate of duty will be 5.6 percent ad valorem.

The applicable subheading for the black currant fruit spread will be 2008.99.2090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for fruitotherwise prepared or preserved, whether or not containing added sugar or other sweetening matterotherberriesotherother. The rate of duty will be 4.5 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.

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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