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NY 890567




September 29, 1993

CLA-2-17:S:N:N7:232-890567

CATEGORY: CLASSIFICATION

TARIFF NO.: 1701.91.4080

Mr. Clark D. Bien
Total Foods Corporation
6018 West Maple Road, Suite 888
West Bloomfield, MI 48322

RE: The tariff classification of vanilla flavored sugar from Canada.

Dear Mr. Bien:

In your letter dated September 17, 1993 you requested a tariff classification ruling.

A sample was included with your request. The subject merchandise is stated to contain 99.0 percent granulated sugar and 1.0 percent vanillin. The merchandise will be used in the manufacture of ice cream, bakery products, breakfast cereals and confectionery. The product will be packaged in 2,000 pound bulk bags and 100 pound paper bags.

The applicable subheading for the vanilla flavored sugar will be 1701.91.4080, Harmonized Tariff Schedule of the United States (HTS), which. provides for cane or beet sugar and chemically pure sucrose, in solid form: other...containing added flavoring matter whether or not containing added coloring. The duty rate will be 6 percent ad valorem. Additionally, this product is subject to the absolute quota quantity restrictions provided for in subheading 9904.50.40, HTS.

Goods classifiable under subheading 1701.91.4080, HTS, which have originated in the territory of Canada, will be entitled to a 3 percent ad valorem 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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