CLA-2-21:S:N:N1:228
Mr. Richard C.J. Sidoli
R.C.J.S., Inc.
2 Sherwood Terrace
Yonkers, NY 10704
RE: The tariff classification of "savory jellies" from England
Dear Mr. Sidoli:
In your undated letter, received on March 17, 1992, you
requested a tariff classification ruling.
Five samples and ingredients breakdowns were submitted. The
samples were opened, examined, and disposed of. The products are
in the form of a loose to fairly firm jell, containing suspended
pieces of fruit and/or vegetables. Caribbean Bomba consists of
oranges, sugar, cider vinegar, peppers, and chilies. Tipsy Red
is made from sugar, red currants, red wine vinegar, red wine, and
pectin. Hot Pepper is composed of sugar, cider vinegar, peppers,
pectin, and chilies. Garlic Jelly contains sugar, cider, pectin,
apple juice, and garlic. The ingredients in Boozy Beetroot are
sugar, red wine vinegar, beetroot, red wine, and pectin. These
products are put up in glass jars containing 1.5, 4, 8, and 121
ounces, net weight.
The applicable subheading for the savory jellies will be
2106.90.6097, Harmonized Tariff Schedule of the United States
(HTS), which provides for food preparations not elsewhere
specified or included...other... other...containing sugar derived
from sugar cane and/or sugar beets. The rate of duty will be 10
percent ad valorem.
Section 304 of the Tariff Act of 1930, as amended (19 U.S.C.
1304), provides, in general, that all articles of foreign origin
imported into the United States must be legibly, conspicuously,
and permanently marked to indicate the English name of the
country of origin to an ultimate purchaser in the United States.
The implementing regulations to 19 U.S.C. 1304 are set forth in
Part 134, Customs Regulations (19 CFR Part 134). The samples you
have submitted do not appear to be properly marked with the
country of origin. You may wish to discuss the matter of country
of origin marking with the Customs import specialist at the
proposed port of entry.
The importation of this merchandise may be subject to
restrictions imposed by the United States Department of
Agriculture and/or Food and Drug Administration. It is suggested
you contact these agencies directly for further information.
This ruling is being issued under the provisions of
Section 177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the
entry documents filed at the time this merchandise is imported.
If the documents have been filed without a copy, this ruling
should be brought to the attention of the Customs officer
handling the transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport