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NY G82543




October 26, 2000

CLA-2-17:RR:NC:SP:232 G82543

CATEGORY: CLASSIFICATION

TARIFF NO.: 1702.90.9000

Mr. Angel C. Escalera
Nestor Reyes, Inc.
P.O. Box 9023474
San Juan, PR 00902-3474

RE: The tariff classification of Caramel Color from Venezuela

Dear Mr. Escalera:

In your letter dated September 25, 2000, on behalf of the Concentrate Manufacturing Operation Pepsi Company of Puerto Rico, Inc., you requested a tariff classification ruling.

A sample was submitted with your request. Information was submitted with your initial request dated April 3, 2000. Additional information was furnished by a fax dated October 23, 2000. The subject merchandise is described as a coloring caramel which is produced by heating refined sucrose in the presence of ammonium hydroxide and sulfur dioxide in the form of potassium salts. It is stated that the final product has no sucrose content, since the processing converts all of the sugar into the colorant. The merchandise will be packaged in bulk trucks holding approximately 2000 gallons. It will be used in the manufacture of beverages.

The applicable subheading for the Caramel Color will be 1702.90.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for Other sugarscaramelother otherother. The duty rate will be 5.1 percent ad valorem.

Articles classifiable under subheading 1702.90.9000, HTS, which are products of Venezuela are currently entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP, however, is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check the Customs Web site at www.customs.gov. At the Web site, click on "CEBB" and then search for the term "GSP".

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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