2104.10

1. In this section the term "pellets" means products which have been agglomerated either directly by compression or by the addition of a binder in a proportion not exceeding 3 percent by weight.

Additional U.S. Notes

1. In this section the term "canned" means preserved in airtight containers by heat processing to destroy or inactivate micro-organisms and enzymes that otherwise could cause spoilage.

2. For the purposes of this section, unless the context otherwise requires--

(a) the term "percent by dry weight" means the sugar content as a percentage of the total solids in the product;

(b) The term "capable of being further processed or mixed with similar or other ingredients" means that the imported product is in such condition or container as to be subject to any additional preparation, treatment or manufacture or to be blended or combined with any additional ingredient, including water or any other liquid, other than processing or mixing with other ingredients performed by the ultimate consumer prior to consumption of the product;

(c) the term "prepared for marketing to the ultimate consumer in the identical form and package in which imported" means that the product is imported in packaging of such sizes and labeling as to be readily identifiable as being intended for retail sale to the ultimate consumer without any alteration in the form of the product or its packaging; and

(d) the term "ultimate consumer" does not include institutions such as hospitals, prisons and military establishments or food service establishments such as restaurants, hotels, bars or bakeries.

1. This chapter does not cover:

(a) Mixed vegetables of heading 0712;

(b) Roasted coffee substitutes containing coffee in any proportion (heading 0901);

(c) Flavored tea (heading 0902);

(d) Spices or other products of headings 0904 to 0910;

(e) Food preparations, other than the products described in heading 2103 or 2104, containing more than 20 percent by weight of sausage, meat, meat offal, blood, insects, fish or crustaceans, molluscs or other aquatic invertebrates, or any combination thereof (chapter 16);

(f) Products of heading 2404;

(g) Yeast put up as a medicament or other products of heading 3003 or 3004; or

(h) Prepared enzymes of heading 3507.

2. Extracts of the substitutes referred to in note 1(b) above are to be classified in heading 2101.

3. For the purposes of heading 2104, the expression "homogenized composite food preparations" means preparations consisting of a finely homogenized mixture of two or more basic ingredients such as meat, fish, vegetables, fruit or nuts, put up for retail sale as food suitable for infants or young children or for dietetic purposes, in containers of a net weight content not exceeding 250 g. For the application of this definition, no account is to be taken of small quantities of any ingredients which may be added to the mixture for seasoning, preservation or other purposes. Such preparations may contain a small quantity of visible pieces of ingredients.

1. Subheadings 2106.90.48, 2106.90.52 and 2106.90.54 cover vitamin or mineral fortified fruit or vegetable juices that are imported only in concentrated form. Such juices imported in non-concentrated form are classifiable in subheadings 2202.99.30, 2202.99.35, 2202.99.36 and 2202.99.37, as appropriate.

2. For the purposes of subheadings 2106.90.48, 2106.90.52 and 2106.90.54:

(a) The term "liter" in the "Rates of Duty" column of the provisions applicable to fruit juices means liter of reconstituted fruit juice;

(b) The term "reconstituted fruit juice" means the product which can be obtained by mixing the imported concentrate with water in such proportion that the product will have a Brix value equal to that found by the Secretary of the Treasury from time to time to be the average Brix value of like natural unconcentrated juice in the trade and commerce of the United States; and

(c) The term "Brix value" means the refractometric sucrose value of the juice, adjusted to compensate for the effect of any added sweetening materials, and thereafter corrected for acid.

(d) In determining the number of liters of reconstituted fruit juice which can be obtained from a concentrate, the degree of concentration shall be calculated on a volume basis to the nearest 0.5 degree, as determined by the ratio of the Brix value of the imported concentrated juice to that of the reconstituted juice, corrected for differences of specific gravity of the juices. Any juice having a degree of concentration of less than 1.5 (as determined before correction to the nearest 0.5 degree) shall be regarded as a natural unconcentrated juice; and

(e) In determining the degree of concentration of mixed fruit juices, the mixture shall be considered as being wholly of the component juice having the lowest Brix value.

3. For the purposes of this chapter, the term "mixed condiments and mixed seasonings described in additional U.S. note 3 to this chapter" means articles containing over 10 percent by dry weight of sugars derived from sugar cane or sugar beets, whether or not mixed with other ingredients, except (a) articles not principally of crystalline structure or not in dry amorphous form that are prepared for marketing to the ultimate consumer in the identical form and package in which imported; or (b) cake decorations and similar products to be used in the same condition as imported without any further processing other than the direct application to individual pastries or confections, finely ground or masticated coconut meat or juice thereof mixed with those sugars, and sauces and preparations therefor.

4. The aggregate quantity of mixed condiments and mixed seasonings described in additional U.S. note 3 to this chapter and entered under subheading 2103.90.74 during the 12-month period from October 1 in any year to the following September 30, inclusive, shall not exceed 689 metric tons (articles the product of Mexico shall not be permitted or included in the aforementioned quantitative limitation and no such articles shall be classifiable therein).

5. The aggregate quantity of ice cream entered under subheading 2105.00.10 in any calendar year shall not exceed 5,667,846 liters (articles the product of Mexico shall not be permitted or included in the aforementioned quantitative limitation and no such articles shall be classifiable therein).

Of the quantitative limitations provided for in this note, the countries listed below shall have access to not less than the quantities specified below:

Quantity (liters) Belgium 922,315 Denmark 13,059 Jamaica 3,596 Netherlands 104,477 New Zealand 589,312

1. The unit of quantity "kg cmsc" (kilograms cows' milk solids content) includes all cows' milk components other than water.