CLA-2-20:OT:RR:NC:N2:228
Ms. Maiken Thomsen
Fynbo Foods A/S
Sigenvej 9
Vraa, 9760
Denmark
RE: The tariff classification of fruit spreads from Denmark
Dear Ms. Thomsen:
In your letter dated February 9, 2022, you requested a tariff classification ruling.
An ingredients breakdown, narrative description of the manufacturing process, product specification sheets, and pictures of three products accompanied your inquiry.
The subject merchandise, “Fynbo Organic Fairtrade Fruit Spread, Strawberry,” “Fynbo Organic Fairtrade Fruit Spread, Strawberry Seedless,” and “Fynbo Organic Fairtrade Fruit Spread, Blueberry,” are described as fruit spreads obtained by cooking fruit and sugar together, in addition to adding pectin and lemon juice concentrate. The final products are said to have a gelled consistency with a spreadable texture, while containing the natural color and taste of the characteristic fruits.
The first product, “Fynbo Organic Fairtrade Fruit Spread, Strawberry,” is said to contain approximately 50 percent organic strawberry, 39 percent organic sugar, 9 percent water, and trace amounts of pectin, organic lemon juice concentrate and tricalcium citrate.
The second product, “Fynbo Organic Fairtrade Fruit Spread, Strawberry Seedless,” is said to contain approximately 50 percent organic strawberry, 39 percent organic sugar, 9 percent water, and trace amounts of pectin, organic lemon juice concentrate and tricalcium citrate.
The third product, “Fynbo Organic Fairtrade Fruit Spread, Blueberry,” is said to contain approximately 50 percent organic blueberry, 38 percent organic sugar, 10 percent water, and trace amounts of organic lemon juice concentrate, pectin and tricalcium citrate.
The fruit spreads are said to be prepared by heating the characteristic fruits, sugar and tricalcium citrate, adding the remaining ingredients to the hot mixture, continuously stirring and hot filling into jars through an industrial filling system. The products will be imported for retail sale in 12-ounce glass jars, and are intended to be used on bread, yogurt, ice-cream, or cakes.
The applicable subheading for the first two products, “Fynbo Organic Fairtrade Fruit Spread, Strawberry,” and Fynbo Organic Fairtrade Fruit Spread, Strawberry Seedless,” will be 2008.80.0000, 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 … not elsewhere specified or included … strawberries. The general rate of duty will be 11.9 percent ad valorem.
The applicable subheading for the third product, “Fynbo Organic Fairtrade Fruit Spread, Blueberry,” will be 2008.99.1890, HTSUS, which provides fruit . . . otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included . . . other, including mixtures other than those of subheading 2008.19 . . . other . . . berries . . . blueberries . . . other. The general rate of duty will be 2.2 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 https://hts.usitc.gov/current.
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 www.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 Timothy Petrulonis at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division