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NY 809511




May 2, 1995

CLA-2-04:S:N:N7:232 809511

CATEGORY: CLASSIFICATION

TARIFF NO.: 0409.00.0042; 0409.00.0044; 0409.00.0062; 0409.00.0064

Mr. Don Couture
Beetown Honey Products Inc.
R.R.#2
Beeton, Ontario, Canada
L0G 1A0

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of blended honey from Canada; Article 509

Dear Mr. Couture:

In your letter dated April 12, 1995 you requested a ruling on the status of blended honey from Canada under the NAFTA.

You state that the subject merchandise consists of a blend of 80 percent Canadian honey and 20 percent honey from one or more non NAFTA sources including Argentina, Australia and China. (It is noted that Mexico is a NAFTA source and will not apply to this ruling). The honey will be U.S. Grade A, and will include all United States Department of Agriculture (U.S.D.A.) color designations. The honey will be for industrial use as an ingredient in food products. It will be packaged in tankers, 3100 pound totes and 55 gallon drums.

The applicable tariff provision for the blended honey will be 0409.00.00, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for natural honey. For white blended honey not packaged for retail sale the applicable subheading will be 0409.00.0042, HTS, for extra light amber honey not packaged for retail sale the applicable subheading will be 0409.00.0044, for light amber honey not packaged for retail sale the applicable subheading will be 0409.00.0062, and for any other U.S.D.A. color designations of honey not packaged for retail sale the applicable subheading will be 0409.00.0064, HTS. The general rate of duty will be 2.2 cents per kilogram. Additionally, there is a 2.2 cents per kilogram agricultural fee on all imported honey.

The merchandise does not qualify for preferential treatment under the NAFTA because one or more of the non-originating materials used in the production of the goods will not undergo the change in tariff classification required by General Note 12(t)/4, HTSUSA.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

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.

Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter, to the Director, Office of Regulations and Rulings, U.S. Customs Service, 1301 Constitution Ave. N.W., Franklin Court, Washington, D.C. 20229.

Sincerely,

Jean F. Maguire
Area Director

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