CLA-2-21:RR:NC:2:228 D82087
Mr. Robert Ledoux
Arome Fleurs et Fruits Inc.
910 boule du Seminaire
St-Jean-sur-Richelieu, Quebec, Canada J3A 1B5
RE: The tariff classification of jellies from Canada
Dear Mr. Ledoux:
In your letter dated August 26, 1998 you requested a tariff
classification ruling.
Five samples and ingredients breakdowns were submitted with
your letter. One sample, Violet and Lavender Jelly, arrived in
damaged condition; the remaining four samples were examined and
disposed of. All are human food preparations in the form of a
semi-solid, gelatinous mass, in which is suspended pieces of
herbs, fruits, and other plant parts. Rose Jelly is said to be
composed of 45 percent water, 45 percent sugar, 4 percent rose
petals, 4 percent pectin, 1.5 percent lemon juice, and .5 percent
rose water. Violet and Lavender Jelly consists of 45 percent
water, 45 percent sugar, 4 percent violet petals, 4 percent
pectin, 2 percent lemon juice, and less than one percent
lavender. Provence Herbs Jelly is 45 percent sugar, 37 percent
water, 6.5 percent white wine, 6.5 percent wine vinegar, 4
percent pectin, one percent herbs, and less than one percent
lavender and salt. Kiwi and Anise in Jelly consists of 45
percent water, 45 percent sugar, 5 percent kiwi, 4 percent
pectin, and less than one percent each of alcool (sic), anise and
fennel concentrate, and orange flowers. The products are packed
for ertail sale in cylindrical glass jars containing 4 ounces,
net weight.
The applicable subheading for the Rose Jelly, Violet and
Lavender Jelly, Provence Herbs Jelly, and Kiwi and Anise in Jelly
will be 2106.90.9997, 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 7.6
percent ad valorem.
Your inquiry does not provide enough information for us to
give a classification ruling on Orange and Jasmine in Jelly.
Your request for a classification ruling should include a
complete description of the manufacturing process. In addition,
please clarify the identity of the "orange" ingredient. Is this
ingredient orange juice or the flesh or peel of the orange?
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 212-466-5760.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division