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NY B81847




February 25, 1997

CLA-2-17:RR:NC:SP:232 B81847

CATEGORY: CLASSIFICATION

TARIFF NO.: 1701.11.1000; 1701.11.5000

Ms. Dorothy Jones
Mid-America Overseas, Inc.
1180 McLester Street, Suite #7
Elizabeth, NJ 07201

RE: The tariff classification of Rapadura Sugar from Brazil.

Dear Ms. Jones:

In your letter dated February 5, 1997, on behalf of Asi Organics of Chatham, New York, you requested a tariff classification ruling.

You submitted a sample with your request. The merchandise in question is stated to be raw evaporated sugar cane, with nothing added, which has been crystallized. For the purposes of this ruling it is assumed that the polarity of this sugar is below 99.5 degrees.

The applicable subheading for the rapadura sugar, if described in additional U.S. note 5 to chapter 17 and entered pursuant to its provisions will be 1701.11.1000, 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: cane sugar. 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. If not described in additional U.S. note 5 to chapter 17 and not entered pursuant to its provisions, the applicable subheading will be 1701.11.5000, HTS. The rate of duty will be 36.86 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,

Sugar classifiable under subheading 1701.11.1000, HTS, is subject to import quotas and certificate requirements. 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

Bulk shipments of raw sugar are sampled upon importation to determine polarity. Any questions you may have concerning this procedure should be addressed to the local commodity specialist team at the port of importation.

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

A copy of this 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,

Gwenn Klein Kirschner

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