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NY 813965

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September 15, 1995

CLA-2-17:S:N:N2:232 813965

CATEGORY: CLASSIFICATION

TARIFF NO.: 1701.12.1000; 1701.12.5000; 1701.99.1000; 1701.99.5000

Mr. George V. Griffith, jr.
ZOT Enterprises, Inc.
Route 1, Box 242A
Lovettsville, VA 22080-9407

RE: The tariff classification of "Candi Sugar" from Belgium.

Dear Mr. Griffith:

In your letter dated August 17, 1995 you requested a tariff classification ruling.

You submitted two samples with your original request. You then sent additional descriptive literature and pictures of product packaging on August 28, 1995. The product is a "rock candy"-like substance, packaged in 500 gram boxes, in two varieties: light and dark brown. Both types are stated to have a polarity of between 99 percent and 99.7 percent. The saccharose content is said to be between 98.67 percent and 99.55 percent. In a telephone conversation on September 11, 1995, you indicated that all the sugars were derived from sugar beets. The anticipated consumers of this product are home brewer supply shops, commercial microbreweries, and, to a lesser degree, gourmet food and beverage shops so as to be used as a hot beverage sweetener.

The applicable subheading for the sugar, if the polarity of the sugar is under 99.5 percent, and if described in additional U.S. note 5 to chapter 17 and entered pursuant to its provisions, will be 1701.12.1000, 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: Beet sugar. The rate of duty will be 3.6606 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 3.143854 cents per kilogram. If not described in additional U.S. note 5 to chapter 17 and not entered pursuant to its provisions, the applicable subheading will be 1701.12.5000, HTS. The duty rate will be 41 cents per kilogram. In addition, products classified under subheading 1701.12.5000, HTS, will be subject to additional duties based on their value as described in subheadings 9904.17.08 to 9904.17.15, HTS.

The applicable subheading for the sugar, if the polarity of the sugar is 99.5 percent or over, and if described in additional U.S. note 5 to chapter 17 and entered pursuant to its provisions, will be 1701.99.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for Cane or beet sugar and chemically pure sucrose, in solid form: Other: other. The rate of duty will be 3.6606 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 3.143854 cents per kilogram. If not described in additional U.S. note 5 to chapter 17 and not entered pursuant to its provisions, the applicable subheading will be 1701.99.5000, HTS. The duty rate will be 41 cents per kilogram. In addition, products classified under subheading 1701.99.5000, HTS, will be subject to additional duties based on their value as described in subheadings 9904.17.08 to 9904.17.15, HTS.

Sugar classifiable under subheadings 1701.12.1000 and 1701.99.1000, HTS, is subject to import quotas allocated on a country by country basis, determined on the origin of the raw sugar. Inquiries on sugar quota requirements should be made directly to:

United States Department of Agriculture
Foreign Agricultural Service
Import Policies & Programs Division
14th Street & Independence Ave.
Washington, D.C. 20250-1000
Tel# (202) 690-1632

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (19 CFR Part 134). The pictures and samples you have submitted do not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling, or the control number indicated above, should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist John Maria at 212-466-5730.

Sincerely,

Roger J. Silvestri

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See also:

• Tariff No.: 1701.12.10 - Beet sugar, raw, in solid form, w/o added flavoring or coloring, subject to add. US 5 to Ch.17
• Tariff No.: 1701.12.50 - Beet sugar, raw, in solid form, w/o added flavoring or coloring, nesoi, not subject to gen. note 15 or add. US 5 to Ch.17
• Tariff No.: 1701.99.10 - Cane/beet sugar & pure sucrose, refined, solid, w/o added coloring or flavoring, subject to add. US 5 to Ch.17
• Tariff No.: 1701.99.50 - Cane/beet sugar & pure sucrose, refined, solid, w/o added coloring or flavoring, not subject to gen. note 15 or add. US 5 to Ch.17
• Tariff No.: 9904.17.08 - Sugars, syrups and molasses, in 1701.12.50, 1701.91.30, 1701.99.50, etc, entered in value safeguard period, under $0.05/kg
• Tariff No.: 9904.17.15 - Sugars, syrups and molasses, in 1701.12.50, 1701.91.30, 1701.99.50, etc, entered in value safeguard period, $0.35/kg or more