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NY C85398




March 27, 1998

CLA-2-17:RR:NC:SP:232 C85398

CATEGORY: CLASSIFICATION

TARIFF NO.: 1701.99.1000; 1701.99.5000

Mr. Steve De Castro
All-Ways Forwarding Int'l Inc.
Hemisphere Center
U.S. RT 1-9 South
Newark, NJ 07114

RE: The tariff classification of pure cane sugar from Israel.

Dear Mr. De Castro:

In your letter dated March 5, 1998, on behalf of Potential Limited Inc., you requested a tariff classification ruling.

Samples were included with your request. The subject merchandise is described as a pure cane sugar. It will be imported in a paper package, which is approximately 4 inches long and 1/2 inch wide. The sugar is in the form of white crystals. Note that for the purposes of this ruling, it is assumed that the polarity of the sugar is not less than 99.5 degrees.

The applicable subheading for the pure cane sugar, 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 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 37.84 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.

Articles which are classifiable under subheading 1701.99.1000, HTS, which are products of Israel are entitled to duty free treatment under the United States-Israel Free Trade Agreement upon compliance with all applicable regulations.

Sugar classifiable under subheadings 1701.99.1000, and 1701.99.5000, HTS, is subject to import quotas. Inquiries on sugar quota requirements should be made directly to:

United States Department of Agriculture
Foreign Agricultural Service
Import Policies & Programs Div.
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 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 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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