CLA-2-20:OT:RR:NC:N2:228
Mr. James Quillen
JLIMEX, LLC
P.O. Box 110823
Naples, FL 34108
RE: The tariff classification of a baked fruit preparation from the Czech Republic
Dear Mr. Quillen:
In your letter dated January 14, 2013 you requested a tariff classification ruling.
Product information including an ingredients breakdown, and a picture accompanied your letter. The product is said to be a rowanberry fruit jam that is made from real fruit and baked. The ingredients are said to contain 32 percent rowanberries, 28 percent apples, 24 percent sugar, 8 percent strawberries, 7.99 percent red currants, and less than 1 percent cardamom. The product will be packaged for retail sale in 45 ml. (1.5 oz.) or 240 ml. (8 oz.) glass containers with “twist-off” metal caps.
The applicable subheading for the baked rowanberry fruit preparation, when packed in airtight containers, will be 2008.97.1040, 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 or spirit, not elsewhere specified or included … 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. When not in airtight containers, the applicable subheading for the product will be 2008.97.9094, which provides for fruit … otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included … other, including mixtures other than those of subheading 2008.19 … 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 the 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 Bruce N. Hadley, Jr. at (646) 733-3029.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division