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NY G80974




August 30, 2000

CLA-2-20:RR:NC:2:228 G80974

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.92.1040, 2008.92.9094

Mr. Robert Ledoux
Arome Fleurs et Fruits Inc.
850 Pierre-Caisse #400
St-Jean-sur-Richelieu, Quebec
Canada J3B 7Y5

RE: The tariff classification of fruit and flower spreads from Canada.

Dear Mr. Ledoux:

In your letter dated July 24, 2000 you requested a tariff classification ruling.

Six samples and ingredients breakdowns were submitted with your letter. The samples were examined and disposed of. The Arome Fleurs & Fruits products are thick, gelatinous spreads with visible pieces of fruit and flowers. The Calendula, Orange and Date Spread is made from 40 percent oranges, 31 percent glucose and sugar, 17 percent water, 10 percent dates, 1 percent calendulas (marigolds), 0.5 lemon concentrate, and 0.5 percent pectin. The Wild Flowers and Wild Fruit Spread consists of 55 percent fruits (blueberries, blackberries, strawberries, raspberries, black currants, wild blueberries), 31 percent glucose and sugar, 12 percent water, 1 percent pansies, 0.5 percent lemon concentrate, and 0.5 percent pectin. Wild Rose, Lavender and Raspberry Spread consists of 55 percent raspberries, 33 percent glucose and sugar, 10 percent water, 1 percent roses, 0.7 percent pectin, and 0.3 percent lavender water. Pansy, Mango and Pear Spread is made from 30.5 percent pears, 25 percent mangos, 31 percent glucose and sugar, 11 percent water, 1 percent pansies, 1 percent lemon concentrate, and 0.5 percent pectin. Violets and Blueberries Spread is made from 55 percent blueberries, 31 percent glucose and sugar, 10 percent water, 1 percent violets, 0.5 lemon concentrate, and 0.5 percent pectin. The Rose and Strawberry Spread is made from 55 percent strawberries, 31 percent glucose and sugar, 12 percent water, 2 percent roses, 0.5 percent lemon concentrate, and 0.5 percent pectin. The spreads are put up in glass bottles measuring approximately 6 ¾ tall and containing 6.5 ounces.

The applicable subheading for the Rose and Strawberry Spread, Violet and Blueberries Spread, Wild Rose, Lavender and Raspberry Spread, and Wild Flowers and Wild Fruit Spread will be 2008.92.1040, Harmonized Tariff Schedule of the United States (HTS), which provides for fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or includedother, including mixtures other than those of subheading 2008.19mixturesin airtight containers and not containing apricots, citrus fruits, peaches or pears other. The rate of duty will be 5.6 percent ad valorem.

The applicable subheading for the Pansy, Mango and Pear Spread, and the Calendula, Orange and Date Spread will be 2008.92.9094, HTS, which provides for fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or includedother, including mixtures other than those of subheading 2008.19,mixtures otherother. The rate of duty will be 14.9 percent ad valorem.

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,

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