The tariff classification of a fruit product from Austria

N053162 March 6, 2009 CLA-2-20:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 2008.99.2090 Ms Deborah Stern Sandler, Travis & Rosenberg, P.A. 5200 Blue Lagoon Drive Miami, FL 33126-2022 RE: The tariff classification of a fruit product from Austria Dear Ms. Stern: In your letters dated February 20, 2009 and March 3, 2009 on behalf of Source Atlantique, Inc., Englewood Cliffs, NJ, you requested a tariff classification ruling. Ingredients breakdowns accompanied your March letter. A sample, submitted by Source Atlantique, Inc. on February 27, 2009, was opened, examined, and disposed of. D’Arbo All Natural Wild Lingonberry Sauce is a cooked fruit product in the form of whole lingonberries suspended in a thick, red-colored syrup, put up for retail sale in glass jars containing 14 or 22 ounces, net weight. The 14-ounce product is said to be composed of 60 percent lingonberries, 37.5 percent sugar, 2 percent lingonberry juice concentrate, and less than one percent, each, of fruit pectin and lemon juice concentrate. The 22-ounce product is said to consist of 55 percent lingonberries, 38 percent sugar, 3.5 percent water, 2 percent lingonberry juice concentrate, one percent pectin, and less than one percent lemon juice concentrate. The applicable subheading for this lingonberry product will be 2008.99.2090, 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…other…other… berries…other…other. The rate of duty will be 4.5 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 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 Stanley Hopard at (646) 733-3029. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division