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N136315
December 14, 2010
CLA-2-21:OT:RR:NC:2:228
CATEGORY: Classification
TARIFF NO.: 2106.90.9990
Ms. Warunee Sarasas

Eastland Food

9475 Gerwig Lane

Columbia, MD 21046


RE: The tariff classification of food products from Taiwan
Dear Ms. Sarasas:
In your letter dated December 3, 2010, you requested a tariff classification ruling.
Photographs, descriptive literature, ingredients breakdowns and information concerning the manufacturing process for three products accompanied your letter. Ai Yu Jelly, Grass Jelly and Almond Jelly are jelly-like products packed for retail sale in metal cans containing 540 grams, net weight. Grass Jelly is composed of 81 percent water, 15 percent grass jelly (Mesona procumbens Hemsley) and four percent corn starch. The good is produced by boiling the raw material, filtering, blending, filtering, filling, sealing, sterilizing, cooling and packing. Almond Jelly consists of 87 percent water, 12 percent sugar and less than one percent each of gum, almond and flavor. The product is prepared by blending, filtering, pasteurizing, filtering, filling, sealing, sterilizing, cooling and packing.
In your letter, you suggested the products may fall in subheading 2008.99.9090 or 2007.99.7500, Harmonized Tariff Schedule of the United States (HTSUS), the provisions for other edible parts of plants otherwise prepared or preserved and other fruit jellies, respectively. Based on the products’ ingredient composition and the manufacturing processes, they will be classified elsewhere.
The applicable subheading for the Grass Jelly and Almond Jelly will be 2106.90.9990, HTSUS, which provides for food preparations not elsewhere specified or included… other…other…other…canned. The rate of duty will be 6.4 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 World Wide Web at http://www.usitc.gov/tata/hts/.
Your inquiry does not provide enough information for us to give a classification ruling on Ai Yu Jelly. Your request for a classification ruling should identify the source of the “gelatin” ingredient. When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you.
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 Stanley Hopard at (646) 733-3029.
Sincerely,

Robert B. Swierupski

Director

National Commodity Specialist Division






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