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NY C84952

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March 30, 1998

CLA-2-17:RR:NC:SP:232 C84952

CATEGORY: CLASSIFICATION

TARIFF NO.: 1701.11.1000; 1701.11.5000

Mr. Wayne Buehrer
Tomen America Inc.
100 First Street, Suite 1610
San Francisco, CA 94105

RE: The tariff classification of Organic Raw Sugar from Costa Rica.

Dear Mr. Buehrer:

In your letter dated February 28, 1998, you requested a tariff classification ruling.

You submitted a sample and descriptive literature with your request. The subject merchandise is unbleached, granulated raw cane sugar, said to be organically grown. It is produced by allowing sugar cane juice to dry by evaporation and then granulating the resulting concentrate. The submitted sample is in a 400 gram retail packet. It is assumed for the purposes of this ruling that the polarity of the sugar is less than 99.5 degrees.

The applicable subheading for the organic raw 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 35.86 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, HTS. Articles classifiable under subheading 1701.11.1000, HTS, which are products of Costa Rica are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

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,

Robert B. Swierupski

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See also:

• Tariff No.: 1701.11.10 - Cane sugar, raw, in solid form, w/o added flavoring or coloring, subject to add. US 5 to Ch.17
• Tariff No.: 1701.11.50 - Cane sugar, raw solid form, w/o flavoring or coloring, nesoi, not subject to gen. note 15 or add. US 5 to Ch.17
• Tariff No.: 9904.17.01 - Sugars, syrups and molasses, in 1701.11.50, entered in value safeguard period, under $0.05/kg
• Tariff No.: 9904.17.06 - Sugars, syrups and molasses, in 1701.11.50, entered in value safeguard period, $0.25/kg or more