The tariff classification of fruit spreads from New Zealand

N062266 June 11, 2009 CLA-2-21:OT:RR:E:NC:N2:228 CATEGORY: Classification TARIFF NO.: 2106.90.9998 Mr. Jan Mayer Meycov Food Limited 51 Sydney Street Petone Wellington 5012 New Zealand RE: The tariff classification of fruit spreads from New Zealand Dear Mr. Mayer: In your letter dated May 27, 2009, you requested a tariff classification ruling. Ingredients breakdowns and copies of product labels were submitted with your letter. Rutherford & Mayer brand HoneyPlus products are described as “jelly” fruit spreads. The Honey + Cherry consists of approximately 37 percent honey, 26 percent cherry, 35 percent glucose, and less than one percent, each, of pectin, citric acid, and sodium citrate. The Honey + Apricot contains approximately 40 percent honey, 18 percent apricot, 39 percent glucose, 2 percent pectin, and less than one percent citric acid. The spreads are made by simmering fruit pulp and sugar, adding pectin, and combining with heated honey. They are put up in containers holding 300 grams, twelve containers per carton. The applicable subheading for the Honey + Cherry and Honey + Apricot fruit spreads will be 2106.90.9998, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or included..other…other…other. The rate of duty 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/. Your inquiry does not provide enough information for us to issue a classification ruling on the HoneyPlus Strawberry spread. Your request for a classification ruling should include a sample of the product for examination. 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