CLA-2-20:S:N:N1:228
Mr. Ernest Ferrante
Kuehne & Nagel, Inc.
10 Exchange Place
Jersey City, NJ 07302
RE: The tariff classification of cherries in syrup from Germany
Dear Mr. Ferrante:
In your letter dated October 9, 1991, on behalf of Dohler
Patisserie, Inc., New Brunswick, NJ, you requested a tariff
classification ruling.
A sample and product information were submitted with earlier
correspondence. The sample was examined and disposed of.
Product No. 3046 Amarena Cherries consists of whole, pitted,
morello cherries of Italian origin, in a syrup composed of
sucrose, glucose, cherry juice, coloring, citric acid, and
natural flavors. The product will be imported in 5.6-kilogram
plastic buckets, and used as a topping for ice cream, sundaes,
and other desserts.
The applicable subheading for the No. 3046 Amarena Cherries
will be 2008.60.0060, Harmonized Tariff Schedule of the United
States (HTS), which provides for fruit...otherwise prepared or
preserved, whether or not containing added sugar or other
sweetening matter or spirit... cherries...other...tart varieties.
The rate of duty will be 15.4 cents per kilogram, plus 10 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 (19 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 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