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NY 807115

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February 28, 1995

CLA-2-17:S:N:N7:232 807115

CATEGORY: CLASSIFICATION

TARIFF NO.: 1701.11.1000; 1701.11.5000

Mr. James C. Alberdi
A.J. Arango, Inc.
1516 E. 8th Avenue
Tampa, Florida 33605

RE: The tariff classification of raw sugar from Honduras.

Dear Mr. Alberdi:

In your letter dated February 13, 1995, on behalf of Lindolfo Rivera, you requested a tariff classification ruling.

A sample was submitted with your request. The subject merchandise is described as raw cane sugar and water in the form of blocks to be used for cooking.

The applicable subheading for the raw cane sugar, will be 1701.11, Harmonized Tariff Schedule of the United States (HTS), which provides for cane or beet sugar and chemically pure sucrose, in solid form: raw sugar not containing added flavoring or coloring matter: cane sugar. For the raw cane sugar described in additional U.S. note 5 to chapter 17 and entered pursuant to its provisions, the applicable subheading will be 1701.11.1000, 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 raw cane sugar, the applicable subheading will be 1701.11.5000, HTS. The rate of duty will be 38.85 cents per kilogram. In addition, products classified under subheading 1701.11.5000, HTS, will be subject to additional duties based on their value as described in subheadings 9904.17.01 to 9904.17.06, HTS.

Articles classifiable under subheading 1701.11.1000, HTS, which are products of Honduras are entitled to duty free treatment under the Generalized System of Preferences (GSP) 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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See also:

• Tariff No.: 1701.11.10 - Cane sugar, raw, in solid form, w/o added flavoring or coloring, subject to add. US 5 to Ch.17
• Tariff No.: 1701.11.50 - Cane sugar, raw solid form, w/o flavoring or coloring, nesoi, not subject to gen. note 15 or add. US 5 to Ch.17
• Tariff No.: 9904.17.01 - Sugars, syrups and molasses, in 1701.11.50, entered in value safeguard period, under $0.05/kg
• Tariff No.: 9904.17.06 - Sugars, syrups and molasses, in 1701.11.50, entered in value safeguard period, $0.25/kg or more