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June 17, 1999

CLA-2-17:RR:NC:SP:232 E82509

CATEGORY: CLASSIFICATION

TARIFF NO.: 1701.91.5400; 1701.91.5800

Mr. Brian Thomson
Texas Food Research, Inc.
3202 West Anderson Lane, Suite 203
Austin, Texas 78757

RE: The tariff classification of Gemsugar from Thailand.

Dear Mr. Thomson:

In your letter dated May 18, 1999 you requested a tariff classification ruling.

A sample and descriptive information were included with your request. The subject merchandise is described as Gemsugar, which is produced by blending herbs with pure sugar cane. The resulting sugar crystals are in pastel colors, and have distinctive herb flavors. They also contain vitamins, minerals and anti-oxidants The following types of Gemsugar will be imported: Ruby, Sapphire, Topaz, Jade, Zircon, Amber and Rainbow. The Rainbow Gemsugar, which was submitted as a sample, is packaged for retail sale in a glass bottle with a net weight of 7 ounces. The product is used as a sweetener in hot drinks, desserts, etc.

The applicable tariff provision for the Gemsugar, if imported in quantities that fall within the limits described in additional U.S. note 8 to chapter 17, will be 1701.91.5400 Harmonized Tariff Schedules 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...articles containing over 10 percent by dry weight of sugar described in additional U.S. note 3 to chapter 17...described in additional U.S. note 8 to chapter 17 and entered pursuant to its provisions. The rate of duty will be 6 percent ad valorem. If the quantitative limits of additional U.S. note 8 to chapter 17 have been reached, the product will be classified in subheading 1701.91.5800, HTS, and dutiable at the rate of 34.9 cents per kilogram plus 5.2 percent ad valorem. In addition, products classified in subheading 1701.91.5800, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.17.49 to 9904.17.56, HTS.

Articles which are classifiable under subheading 1701.91.5400, HTS, which are products of Thailand are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations

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 sample you have submitted does 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 212-637-7059.

Sincerely,

Robert B. Swierupski
Director,

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