NY 866837: The tariff classification of three chestnut products fromFrance

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                           
                                 NY 866837
                            September 30,1990

CLA-2-20:S:N:N1:231 866837  

CATEGORY:  Classification

TARIFF NO.: 2007.99.6500, 2008.19.9090 

Mr. Norman Elisberg
American Shipping Co.
600 Sylvin Avenue
P.O. Box 1486
Englewood Cliffs, New Jersey  07632

RE:  The tariff classification of three chestnut products from
France

Dear Mr. Elisberg:

     In your letter dated August 6, 1991, on behalf of Y.L.K.
Inc., Teaneck, New Jersey, you requested a tariff classification
ruling.         
     
     The three products are described as follows:

         A) Chestnut Spread (Creme de Marrons)-chestnut puree
50%, sugar 47%, glucose syrup 1%, candied chestnut puree 1%, 
water 0.9% and vanilla 0.01%.  Its manufacturing process 
includes cooking chestnuts in boiling water, mash, add sugar, 
put through a sieve, cook again with sugar, glucose syrup, 
vanilla and candied chestnut puree. 
 
         B) Chestnut Puree - chestnut puree 80% and water 20%. 
Its manufacturing process includes cooking chestnuts in boiling 
water, mash, put through a sieve and then sterilize at 130 
degrees centigrade for 20 minutes.
 
         C) Whole Chestnuts in Water-peeled chestnuts 63% and
water 37%. Its manufacturing process includes canning and
sterilizing at 130 degrees centigrade for 20 minutes.

     The applicable subheading for the Chestnut Spread will be
2007.99.6500, Harmonized Tariff Schedule of the United States
(HTS), which provides for Jams, fruit jellies, marmalades, fruit
or nut puree and fruit or nut pastes, being cooked preparations,
whether or not containing added sugar or other sweetening matter:
pastes and purees: other.  The rate of duty will be 12.5 percent
ad valorem.   

     The applicable subheading for the Chestnut Puree and the
Whole Chestnuts in Water will be 2008.19.9090, Harmonized Tariff
Schedule of the United States (HTS), which provides for Fruit,
nuts and other edible parts of plants, otherwise prepared or
preserved, whether or not containing added sugar or other
sweetening matter or spirit, not elsewhere specified or included:
nuts, peanuts (ground-nuts) and other seeds, whether or not mixed
together: other, including mixtures: other.  The rate of duty
will be 28 percent ad valorem.   

     Additional requirements may be imposed on this product by
the Food and Drug Administration.  You may contact the FDA at:

                Food And Drug Administration
                Division of Regulatory Guidance
                200 C Street, S.W.
                Washington, D.C.  20204 
 
     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