The tariff classification of a fruit product from France

N054450 March 18, 2009 CLA-2-20:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 2008.92.1040 Ms. Carla Graca All-Ways Forwarding International, Inc. 701 Newark Avenue Elizabeth, NJ 07208 RE: The tariff classification of a fruit product from France Dear Ms. Graca: In your letter dated March 9, 2009 on behalf of World Finer Foods, you requested a tariff classification ruling. A sample, ingredients breakdown, and production flow chart were submitted with your letter. The sample was opened, examined, and disposed of. Bonne Maman Raspberry Mix Preserves is a fruit preparation in the form of a red-colored, viscous, syrup-like product, with many suspended seeds but no recognizable fruit pieces. The article is said to be composed of approximately 55 percent sugar, 40 percent raspberries, 10 percent redcurrants, less than one percent each of lemon juice concentrate and pectin, and is packed for retail sale in a glass jar containing 13 ounces, net weight. The applicable subheading for this product will be 2008.92.1040, 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, including mixtures… mixtures…in airtight containers and not containing apricots, citrus fruits, peaches or pears… other. The rate of duty will be 5.6 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. 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 (CFR Part 134). The sample you submitted does 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. 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