United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1995 NY Rulings > NY 811086 - NY 811207 > NY 811156

Previous Ruling Next Ruling
NY 811156




June 12, 1995

CLA-2-4:S:N:N7:232 811156

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
Beetown, Ontario, Canada
LOG 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 May 30, 1995 you requested a ruling on the status of blended honey from Canada under the NAFTA.

You state that the subject merchandise will consist of two different honey blends. One blend will contain 80 percent honey from non NAFTA sources and 20 percent honey from Canada. The other blend will contain 45 percent honey from non NAFTA sources and 55 percent honey from Canada. The blended honey may contain honey from one non NAFTA source or from several non NAFTA sources including Argentina, Australia and China. The imported honey will be U.S. Grade A, and it is assumed it will include all United States Department of Agriculture (USDA) color designations. It will be for industrial use as an ingredient in food products. The honey will be blended and packaged in Canada in 15 kilogram pails, 55 gallon drums, 3100 pound totes and in tankers.

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

Previous Ruling Next Ruling

See also: