CLA-2-04:S:N:N7:232 807879
Mr. Todd Masters
Albert Uster Imports, Inc.
9211 Gaither Road
Gaithersburg, MD 20877
RE: The tariff classification of pressurized lemon juice and
pressurized egg wash from France.
Dear Mr. Masters:
In your letter dated March 8, 1995 you requested a tariff
classification ruling.
Your query concerns the classification of two food products.
The lemon juice is made strictly from pure lemon juice with no
additives or preservatives, and is pressurized with carbon
dioxide gas. It will be packaged in 300 or 150 ml cans, and
would be used as a flavoring for drinks, or for numerous food
applications. The egg wash is made from pasteurized eggs and
pressurized with carbon dioxide gas. Again, no preservatives or
other additives are used. The product is intended as a
convenience product to be sprayed as a glaze on pre-baked items.
Samples of both products were included with your request.
The applicable subheading for the egg wash will be
0408.99.0000, Harmonized Tariff Schedule of the United States
(HTS), which provides for birds' eggs, not in shell, and egg
yolks, fresh, dried, cooked by steaming or by boiling in water,
molded, frozen or otherwise preserved, whether or not containing
added sugar or other sweetening matter...other...other. The duty
rate will be 11.7 cents per kilogram.
Your inquiry does not provide enough information for us to
give a classification ruling on the lemon juice. Your request
for a classification ruling should include a description of how
the lemon juice is produced, the Brix value of the juice, and the
function of the carbon dioxide (for example - is it solely a
propellant and how does it affect the lemon juice?).
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport