CLA-2-20:RR:NC:2:228 G83797

Mr. Franco Torres
Copan Industries
7080 45th Ave. West No. 1
Bradenton, FL 34210

RE: The tariff classification of spicy jelly from Honduras.

Dear Mr. Torres:

In your letter dated October 26, 2000, you requested a tariff classification ruling.

Ingredients breakdowns and copies of labels for two products accompanied your letter. Comayagua Spicy Tamarind Jelly is composed of 51 percent tamarind juice, 48 percent sugar, 1 percent pectin, and less than one percent each of Jalapeno pepper concentrate and sodium benzoate. The Spicy Mango Jelly consists of 51 percent mango juice, 48 percent sugar, and less than one percent each of pectin, Jalapeno pepper concentrate, sodium benzoate and citric acid. Both products are packed for retail sale in containers holding 110 and 265-milliliters, net weight.

The applicable subheading for the jellies will be 2007.99.7500, Harmonized Tariff Schedule of the United States (HTS), which provides for fruit jellies…other. The rate of duty will be 3.2 percent ad valorem. Articles classifiable under subheading 2007.99.7500, HTS, which are products of Honduras may be entitled to duty free treatment under the Generalized System of Preferences (GSP) or the Caribbean Basin Economic Recovery Act (CBERA), upon compliance with all applicable regulations. These programs are subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on these programs, check the Customs Web site at www.customs.gov.

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 212-637-7065.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division