United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1998 NY Rulings > NY D82054 - NY D82106 > NY D82087

Previous Ruling Next Ruling
NY D82087

September 10, 1998

CLA-2-21:RR:NC:2:228 D82087


TARIFF NO.: 2106.90.9997

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.


Robert B. Swierupski

Previous Ruling Next Ruling

See also: