The tariff classification of marmalades and jelly fromEngland

NY 872420 April 10, 1992 CLA-2-20:S:N:N1:228 CATEGORY: Classification TARIFF NO.: 2007.91.4000; 2007.91.9000; 2106.90.6097 Mr. Richard C.J. Sidoli R.C.J.S., Inc. 2 Sherwood Terrace Yonkers, NY 10704 RE: The tariff classification of marmalades and jelly from England Dear Mr. Sidoli: In your undated letter, received on March 17, 1992, you requested a tariff classification ruling. Samples of four, and ingredients breakdowns for five products accompanied your letter. The samples were opened, examined, and disposed of. The samples of Orange and Cider, Lemon and Ginger, and Orange and Lemon Marmalade were found to be moderately firm, jelly-like products with pieces of fruit peel and pulp scattered through the gel. Orange and Rosemary Jelly is a fairly firm gel with a small quantity of rosemary scattered about the body of the product. Orange and Cider Marmalade consists of sugar, oranges, cider and water. Lemon and Ginger Marmalade is composed of sugar, lemons, water, and ginger. Orange and Lemon Marmalade is made from sugar, water, oranges, and lemons. Orange and Rosemary Jelly contains sugar, cider vinegar, orange juice, cider, pectin, and rosemary. A fifth product, Seville Orange Marmalade, for which no sample was available, is said to consist of sugar, oranges, and water. All products are prepared by boiling and holding for 20 minutes, and then vacuum sealing in glass jars containing 1.5, 4, 8, and 12 ounces, net weight. The applicable subheading for the Orange and Cider Marmalade and the Seville Orange Marmalade will be 2007.91.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for marmalades...other...citrus fruit...orange marmalade. The rate of duty will be 5.5 percent ad valorem. The applicable subheading for the Lemon and Ginger Marmalade and the Orange and Lemon Marmalade will be 2007.91.9000, HTS, which provides for marmalades...other...citrus fruit...other. The rate of duty will be 7 percent ad valorem. The applicable subheading for the Orange and Rosemary Jelly will be 2106.90.6097, HTS, which provides for food preparations not elsewhere specified or included...other...other...containing sugar derived from sugar cane and/or sugar beets. The rate of duty will be 10 percent ad valorem. Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (19 CFR Part 134). The samples you have submitted do not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry. The importation of this merchandise may be subject to restrictions imposed by the United States Department of Agriculture and/or Food and Drug Administration. It is suggested you contact these agencies directly for further information. This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177). A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction. Sincerely, Jean F. Maguire Area Director New York Seaport