CLA-2-20:OT:RR:NC:N2:228
Mr. Pascal Camus
Grandes Distilleries Peureux
43 Avenue Claude Peureux
70220 Fougerolles, France
RE: The tariff classification of preserved cherries from France
Dear Mr. Camus:
In your letter dated June 27, 2013, received on July 10, 2013, you requested a tariff classification ruling.
A technical data sheet, pictures of the product and label, and a sample accompanied your letter. The sample was examined and disposed of. Griottines® Original is stoned morello cherries steeped in a liquid medium, said to contain 58 percent cherries, sugar, alcohol and Kirsch, packed in a 1-Liter plastic bottle, holding 1.15 kg., net weight. This product is for professional food uses by pastry chefs and the pastry industry for making pastries, deserts, chocolates, and dairy products. The product contains 15 percent alcohol by volume. A beverage suitable for human consumption cannot be produced by the addition of ethyl alcohol or water.
The applicable subheading for the Griottines Original will be subheading 2008.60.0060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for fruit . . . otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included . . . cherries . . . other . . . tart varieties. The rate of duty will be 6.9 cents per kilogram plus 4.5 percent ad valorem.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on the World Wide Web at http://www.usitc.gov/tata/hts/.
Additional requirements are imposed on this product by the Alcohol and Tobacco Tax and Trade Bureau (TTB). You may contact the TTB at Alcohol and Tobacco Tax and Trade Bureau, 650 Massachusetts Avenue N.W., Washington, D.C. 20226, at telephone number (202) 453-2000.
This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site ww.fda.gov/oc/bioterrorism/bioact.html.
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 Bruce N. Hadley, Jr. at (646) 733-3029.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division