The tariff classification of fruit spreads from Belgium

N136837 December 17, 2010 CLA-2-20:OT:RR:NC:2:228 CATEGORY: Classification TARIFF NO.: 2008.92.1040; 2008.92.9094 Ms. Carla Graca All-Ways Forwarding Int’l Inc. 701 Newark Ave. Elizabeth, NJ 07208 RE: The tariff classification of fruit spreads from Belgium Dear Ms. Graca: In your letter dated October 27, 2010, on behalf of World Finer Foods, you requested a tariff classification ruling. Samples and product specifications for four products accompanied your letter. Ingredients breakdowns were received by this office on December 8, 2010. The samples were examined and disposed of. The products are jelly-like, spreadable fruit preparations, retail packed in airtight glass jars containing 300 grams, net weight. They are produced by mixing fruit and sugar, cooking, filling, capping, pasteurizing, cooling and packing. Blueberry Cherry Premium Fruit Spread is composed of 36 percent sugar, 31 percent blueberries, 19 percent cherries, 13.13 percent water and less than one percent each of pectin, citric acid, locust bean gum, sodium benzoate and color. Wildberry Premium Fruit Spread consists of 38 percent sugar, 17 percent raspberries, 17 percent blackberries, 16 percent blueberries, 11.16 percent water and less than one percent each of pectin, locust bean gum, citric acid, sodium benzoate and color. Apricot Mango Premium Fruit Spread is made from 36 percent sugar, 31 percent apricot, 19 percent mango, 12.85 percent water and less than one percent each of pectin, citric acid, locust bean gum, sodium benzoate, ascorbic acid and color. Strawberry Pomegranate Premium Fruit Spread is made from 40 percent strawberries, 37 percent sugar, 12.12 percent water, 10 percent pomegranate and less than one percent each of pectin, citric acid and sodium benzoate. The applicable subheading for Blueberry Cherry Premium Fruit Spread, Wildberry Premium Fruit Spread and Strawberry Pomegranate Premium Fruit Spread will be 2008.92.1040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for fruit … otherwise prepared or preserved…other…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 The applicable subheading for Apricot Mango Premium Fruit Spread will be 2008.92.9094, HTSUS, which provides for fruit…otherwise prepared or preserved…other…mixtures…other …other…other. The rate of duty will be 14.9 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