The tariff classification of fruit products from Sweden

N054218 April 1, 2009 CLA-2-20:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 2008.99.2090 Mr. Esteban Chiriboga Trans American CHB, Inc. 7300 Corporate Center Drive Miami, FL 33126 RE: The tariff classification of fruit products from Sweden Dear Mr. Chiriboga: In your letters dated February 9, 2009 and March 6, 2009 on behalf of Bruno Scheidt, Inc., you requested a tariff classification ruling. Specification sheets and copies of product labels for three products, and two samples, were provided with your inquiries. The samples were examined and disposed of. Product no. 62000, Roland brand Lingonberries Stirred with Sugar, is said to be composed of 48 percent lingonberries, 40 percent sugar, 12 percent water, and less than one percent pectin, and is packed for retail sale in a glass jar holding 14.3 ounces, net weight. Product no. 62012, Roland brand Lingonberries Stirred with Sugar consists of 50 percent lingonberries, 34 percent sugar, 15 percent water, and less than one percent, each, of pectin, citric acid, and preservative. Product no. 62016, Roland brand Lingonberries in Sauce is made of 35 percent lingonberries, 33 percent sugar, 31 percent water, and less than one percent each of pectin, citric acid, and preservative. Products 62012 and 62016 are packed for food service use in plastic pails holding 11 pounds, net weight. The fruit products are made in similar fashion. Frozen berries, dry sugar, and sugar solution are mixed in a tank and heated, pectin and preservative added, the mixture is cooled and filled into containers. The goods prepared for food service (products 62012 and 62016) are heated to 85 degrees Celsius and the retail-packed jars (product 62000) are heated to 94 degrees Celsius. Examination of samples of products 62000 (retail jar) and 62016 (food service pail) found both to consist of whole berries in a dark red, viscous syrup. The applicable subheading for the three lingonberry products described above will be 2008.99.2090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for fruit…otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter…other…other… berries…other…other. 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 National Commodity Specialist Division