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NY C80628





November 21, 1997

CLA-2-17:RR:NC:SP:232 C80628

CATEGORY: CLASSIFICATION

TARIFF NO.: 1701.99.1000; 1701.99.5000

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

RE: The tariff classification of a sugar/gelatin blend from Canada.

Dear Mr. Bien:

In your letter dated November 4, 1997 you requested a tariff classification ruling.

A sample was submitted with your request. The subject merchandise is stated to contain 98 percent sugar and 2 percent gelatin. The product will be imported in 2,000 pound bulk bags and in 100 pound paper bags. After importation, the blend will be further processed by the addition of water and mixing with citric acid, corn syrup, gelatin, flavoring and color to produce gummy-type candies.

The applicable subheading for the sugar/gelatin blend, 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. The general 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 38.9 cents per kilogram.

This ruling is being issued under the provisions of Part 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,

Robert B. Swierupski
Director,

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