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NY K84463

April 1, 2004
CLA-2-21:RR:NC:2:228 K84463


TARIFF NO.: 2103.90.9091

Mr. Richard Wohlrab
LE Coppersmith, Inc.
145 Hook Creek Blvd.
Valley Stream, NY 11581

RE: The tariff classification of chutneys from India

Dear Mr. Wohlrab:

In your letter dated March 23, 2004, on behalf of Liberty Richter, Saddle Brook, NJ, you requested a tariff classification ruling.

Four samples, submitted with your letter, were examined and disposed of. The products are chutneys, put up for retail sale in jars containing 350 grams, net weight. Sweet Sliced Mango Chutney contains large chunks of mango in a viscous, orange/brown liquid. The stated ingredients are mangoes, sugar, vinegar, salt, ginger, garlic, chili, and acetic acid. Mango Dry Fruits Chutney contains small cubes of fruit, whole raisins, and unidentified nuts and seeds, in a viscous orange/brown liquid. The ingredients are identified on the product label as mango, sugar, water, dry fruits, salt, ginger, chili, and acetic acid. Sweet Sliced Mango Chutney consists of thin strands of mango in a viscous, red-colored liquid. It is said to be composed of sugar, mango, salt, mixed spices, and citric acid. Tamarind Date Chutney is a product with a dark brown, creamy consistency, with few recognizable pieces of fruit. The ingredients are water, sugar, tamarind, dates, mixed spices, preservative, and tartaric acid.

The applicable subheading for the chutneys will be 2103.90.9091, Harmonized Tariff Schedule of the United States (HTS), which provides for sauces and preparations thereforotherotherother. The rate of duty will be 6.4 percent ad valorem.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (CFR Part 134). The samples you have submitted do not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

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.


Robert B. Swierupski

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