NY 0872561 - The tariff classification of a sweetened forage from Canada. - United States International Trade Commision Rulings

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NY 872561
April 6, 1992

CLA-2-17:S:N:N1:232-872561

CATEGORY: CLASSIFICATION

TARIFF NO.: 1701.99.0125; 1701.99.0225

Mr. David M. Blake
C. J. Tower Inc.
128 Dearborn Street
Buffalo, New York 14207-3198

RE: The tariff classification of a sweetened forage from Canada.

Dear Mr. Blake:

In your letter dated March 20, 1992 you requested a tariff classification ruling.

Information was submitted with your original request dated February 5, 1992. The subject merchandise is stated to contain 83 percent granulated sugar, 15 percent ground corn and 2 percent ground limestone. This product will be used as a component in complete or supplementary feeds for newborn pigs. The merchandise will be imported in bulk railcars, with future shipments in 50 pound bags.

The applicable subheading for the sweetened forage, will be 1701.99, Harmonized Tariff Schedule of the United States (HTS), which provides for cane or beet sugar and chemically pure sucrose, in solid form: other. For the sweetened forage described in paragraphs (a) and (b) of additional U.S. note 3 to chapter 17 and entered pursuant to the provisions, and not to be further refined or improved in quality, the applicable subheading will be 1701.99.0125, HTS. The rate of duty will be 1.4606 cents per kilogram less 0.020668 cents per kilogram for each degree under 100 degrees (and fractions of a degree in proportion) but not less than 0.943854 cents per kilogram. For other sweetened forage, not to be further refined or improved in quality, the applicable subheading will be 1701.99.0225, HTS. The duty rate will be 37.386 cents per kilogram less 0.529 cents per kilogram for each degree under 100 degrees (and fractions of a degree in proportion) but not less than 24.161 cents per kilogram. In addition, merchandise which is classifiable under subheadings 1701.99.0125 and 1701.99.0225, HTS, which is not subjected to additional refining or improvements in quality in the United States is subject to a supplemental agricultural fee of 2.2 cents per kilogram under item 9904.40.20, HTS.

Goods classifiable under subheadings 1701.99.0125 and 1701.99.0225, HTS, which have originated in the territory of Canada, will be entitled to a 0.8763 cents per kilogram less 0.020668 cents per kilogram for each degree under 100 degrees (and fractions of a degree in proportion) but not less than 0.943854 cents per kilogam rate of duty under the United States- Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

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

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