CLA-2 CO:R:C:G 085922 SLR

Ms. Beatriz R. Ferreira
Kiviks Marknad of America
P.O. Box 340
Gaithersburg, MD 20884

RE: Pear Chutney Imported from Brazil

Dear Ms. Ferriera:

This ruling is in response to your inquiry, dated September 29, 1989, requesting the classification of pear chutney under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). A sample was forwarded for our examination.


The product in question contains the following ingredients listed in descending order of predominance by weight in the food product: pear, sugar, apple, and ginger. The product is composed of a thick, creamy mass in which are suspended soft chunks of pear measuring approximately 1/2 cubic inch.


What is the proper classification of the subject chutney under the HTSUSA?


Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI), taken in order. GRI 1 provides that classification is determined according to the terms of the headings and any relevant section or chapter notes.

Heading 2103 provides, in pertinent part, for "sauces and preparations therefor." The Explanatory Notes, which represent the official interpretation of the tariff at the international level, offer guidance in understanding the scope of the HTSUSA headings. The Explanatory Note to heading 2103 indicates that:

This heading covers preparations, generally of a highly -2-

spiced character, used to flavour certain dishes (meat, fish, salads, etc.), and made from various ingredients (eggs, vegetables, meat, fruit, flours, starches, oil, vinegar, sugar, spices, mustard, flavorings, etc.). * * *

The heading includes certain products based on vegetables or fruit, but these differ from the preserved products in Chapter 20 in that they are mainly liquids, emulsions or suspensions containing very little solid matter....

Here, the subject chutney functions as a condiment; it compliments the taste of meats. While small, soft chunks of pear are present, Customs, nonetheless, believes that the product is sufficiently homogeneous to be considered a sauce.

In HRL 085180, dated October 31, 1989, this office classified mango chutney not as a sauce, but as fruit preserved by acetic acid in subheading 2001.90.4500, HTSUSA. That product, however, contained large, hard chunks of mango and whole raisins.


The pear chutney in question is classifiable in subheading 2103.90.6090, HTSUSA, which provides for sauces and preparations therfor; mixed condiments and mixed seasonings; mustard flour and meal and prepared mustard: other, other, other, other, dutiable at 7.5 percent ad valorem.

Articles classified in subheading 2103.90.6090 which are products of Brazil are entitled to duty free entry under the Generalized System of Preferences upon compliance with all applicable regulations.


John Durant, Director
Commercial Rulings Division