CATEGORY: Classification s36

NY G87388

February 22, 2001

CLA-2-20:RR:NC:2:228 G87388

CATEGORY: Classification

TARIFF NO.: 2008.99.1810; 2103.90.8000; 2106.90.9990

Mr. Gerald Le Gal Gourmet Sauvage Box 5098 Sainte Adele, Quebec, Canada J8B 1A1

RE: The tariff classification of jelly, a compote, and flavored oils from Canada

Dear Mr. Le Gal:

In your letter dated December 18, 2000, received by this office on February 20, 2001, you requested a tariff classification ruling.

Descriptions of five, and samples of four products were submitted with your letter. The samples were examined and disposed of. Wild blueberry compote consists of whole berries in a soft, spreadable gel. The stated ingredients are 59 percent wild blueberries, 40 percent sugar, and one percent concentrated lemon juice. Cedar Jelly is a green-colored, gelatinous product said to be composed of 60 percent cedar needle juice, 36 percent sugar, 2 percent concentrated lemon juice, and one percent each of pectin and coloring. Wild mushroom flavored oil consists of 96 percent sunflower oil and 4 percent dried wild mushrooms pieces. Wild herbs flavored oil is a yellow-colored liquid, said to contain 95 percent sunflower oil and 5 percent herbs and spices. No solid matter was visible in the sample. The samples are put up for retail sale in glass jars or bottles containing 250 milliliters. Your letter states that these products will also be packaged in containers holding 500 milliliters and 110 milliliters.

The applicable subheading for the wild blueberry compote will be 2008.99.1810, Harmonized Tariff Schedule of the United States (HTS), which provides for fruit…otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter… other…berries…wild blueberries, canned. The rate of duty will be 2.2 percent ad valorem

The applicable subheading for the wild mushroom flavored oil and wild herbs flavored oil will be 2103.90.8000, HTS, which provides for mixed condiments and mixed seasonings… other. The rate of duty will be 6.4 percent ad valorem 2 The applicable subheading for the cedar jelly will be 2106.90.9990, HTS, which provides for food preparations not elsewhere specified or included…other…other… canned. The rate of duty will be 6.4 percent ad valorem

Your inquiry does not provide enough information for us to give a classification ruling on the mountain cranberry compote. Your request for a classification ruling should include a description of the manufacturing process and a sample.

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