2001.90

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) Vegetables, fruit or nuts, prepared or preserved by the processes specified in chapter 7, 8 or 11;

(b) Vegetable fats and oils (Chapter 15);

(c) Food preparations 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);

(d) Bakers' wares and other products of heading 1905; or

(e) Homogenized composite food preparations of heading 2104.

2. Headings 2007 and 2008 do not apply to fruit jellies, fruit pastes, sugar-coated almonds or the like in the form of sugar confectionery (heading 1704) or chocolate confectionery (heading 1806).

3. Heading 2001, 2004 and 2005 cover, as the case may be, only those products of chapter 7 or of heading 1105 or 1106 (other than flour, meal and powder of the products of chapter 8), which have been prepared or preserved by processes other than those referred to in note 1(a).

4. Tomato juice the dry weight content of which is 7 percent or more is to be classified in heading 2002.

5. For the purposes of heading 2007, the expression " obtained by cooking" means obtained by heat treatment at atmospheric pressure or under reduced pressure to increase the viscosity of a product through reduction of water content or other means.

6. For the purposes of heading 2009 the expression "juices, unfermented and not containing added spirit" means juices of an alcoholic strength by volume (see note 2 to chapter 22) not exceeding 0.5 percent vol.

1. For the purposes of subheading 2005.10, the expression "homogenized vegetables" means preparations of vegetables, finely homogenized, 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 have been added to the preparation for seasoning, preservation or other purposes. These preparations may contain a small quantity of visible pieces of vegetables. Subheading 2005.10 takes precedence over all other subheadings of heading 2005.

2. For the purposes of subheading 2007.10, the expression "homogenized preparations" means preparations of fruit, finely homogenized, 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 have been added to the preparation for seasoning, preservation or other purposes. These preparations may contain a small quantity of visible pieces of fruit. Subheading 2007.10 takes precedence over all other subheadings of heading 2007.

3. For the purposes of subheadings 2009.12, 2009.21, 2009.31, 2009.41, 2009.61 and 2009.71, the expression " Brix value" means the direct reading of degrees Brix obtained from a Brix hydrometer or of refractive index expressed in terms of percentage sucrose content obtained from a refractometer, at a temperature of 20 °C or corrected for 20 °C if the reading is made at a different temperature.

1. For the purposes of heading 2009:

(a) The term "liter" in the "Rates of Duty" column of the provisions applicable to fruit juices means liter of natural unconcentrated fruit juice or 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.

2. 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.

3. 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.

4. The aggregate quantity of olives entered under subheadings 0711.20.18 and 2005.70.06 in any calendar year shall not exceed 4,400 metric tons.

5. The aggregate quantity of peanut butter and paste entered under subheading 2008.11.05 in any calendar year shall not exceed the quantities specified in this note (articles the product of Mexico shall not be permitted or included under the aforementioned quantitative limitation and no such articles shall be classifiable therein).

Quantity (metric tons) Canada 14,500 Argentina 3,650 Countries or territories identified in additional U.S. note 6 to this chapter combined (aggregate) 1,600 Other countries or areas 250

Imports of peanut butter and paste under this note are subject to regulations as may be issued by the United States Trade Representative or other designated agency.

6. The expression "Countries or territories identified in additional U.S. note 6 to this chapter" means that those countries listed below shall be eligible to enter, in the aggregate, the quantity specified in additional U.S. note 5 to this chapter:

Albania Dominica Lesotho Rwanda Angola Dominican Republic Liberia St. Helena Anguilla Djibouti Lithuania St. Kitts and Nevis Antigua and Barbuda Ecuador Macao St. Lucia Argentina Egypt Madagascar St. Vincent and the Grenadines Aruba El Salvador Malawi Sao Tome and Principe Bahamas Equatorial Guinea Malaysia Senegal Bahrain Ethiopia Maldive Islands Seychelles Bangladesh Estonia Mali Sierra Leone Barbados Falkland Islands Malta and Gozo Slovakia Belize French Polynesia Mauritania Slovenia Benin Fiji Mauritius Solomon Islands Bhutan Gabon Montserrat Somalia Bolivia Gambia, The Morocco Sri Lanka Bosnia-Hercegovina Ghana Mozambique Suriname Botswana Gibraltar Namibia Swaziland Brazil Greenland Nepal Tanzania British Indian Ocean Territory Grenada Netherlands Antilles Thailand British Virgin Islands Guatemala New Caledonia Togo Bulgaria Guinea Nicaragua Tokelau Islands Burkina Guinea-Bissau Niger Tonga Burundi Guyana Niue Trinidad and Tobago Cameroon Haiti Norfolk Island Tunisia Cape Verde Heard Island and McDonald IslandsNorth Macedonia Turkey Cayman Islands Honduras Oman Turks and Caicos Islands Central African Republic Hungary Pakistan Tuvalu Chad India Palau Uganda Chile Indonesia Panama Ukraine Christmas Island (in the Indian Israel Papua New Guinea Uruguay Ocean) Cocos (Keeling) Island Ivory Coast Paraguay Vanuatu Colombia Jamaica Peru Venezuela Comoros Jordan Philippines Wallis and Futuna Congo Kazakhstan Pitcairn Island Western Sahara Cook Islands Kenya Poland Western Samoa Costa Rica Kiribati Republic of South Africa Zaire Croatia Kyrgyzstan Republic of Yemen Zambia Cyprus Latvia Romania Zimbabwe Czech Republic Lebanon Russia

1. For the purposes of statistical reporting numbers 2005.70.2542 and 2005.70.2570, the term "Spanish style" refers to green olives that are processed by being fermented and cured but does not include olives processed by being heat sterilized under pressure and brined.

2. For the purposes of statistical reporting in heading 2009, the term "liters" in the "Units of Quantity" column of the provisions applicable to fruit juices means liters of natural unconcentrated juice or liters of reconstituted juice (as defined in additional U.S. note 1(b) above).