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NY I83847

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July 18, 2002

CLA-2-17:RR:NC:SP:232 I83847

CATEGORY: CLASSIFICATION

TARIFF NO.: 1702.90.1000; 1702.90.2000

Ms. Marie Breuil
SG Corporation
Parc de Negocios Mas Blau
C/Solsones 2, 2 C1/3
08820 El Prat De Llobregat Barcelona, Spain

RE: The tariff classification of SG Bio Sweet I 04/70 from Belgium.

Dear Ms. Breuil:

In your letter dated July 1, 2002 you requested a tariff classification ruling.

Information and a sample were submitted with your initial request dated May 10, 2002. The subject merchandise is SG Bio Sweet I 04/70, and is described as an organic invert cane syrup. It is produced by acid hydrolysis of pure sugar, which accounts for 100 percent of the dry solids. The final product will have a total solids content of 70 percent, which will contain 4 percent sucrose, 51 percent dextrose, and 45 percent fructose. The syrup will be produced in Belgium, and exported from Belgium or Spain. It will be shipped in bulk in 18 to 21 ton flexitanks, or in 1000 liter plastic tanks with metal jackets and pallets. The syrup will be used as a food ingredient.

The applicable subheading for the SG Bio Sweet I 04/70 organic invert cane syrup, if described in additional U.S. note 5 to chapter 17 and entered pursuant to its provisions, will be 1702.90.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for Other sugars, including chemically pure lactose, maltose, glucose and fructose, in solid form; sugar syrups not containing added flavoring or coloring matter; artificial honey, whether or not mixed with natural honey; caramel: Other, including invert sugar and other sugar and sugar syrup blends containing in the dry state 50 percent by weight of fructose: Derived from sugar cane or sugar beets: Containing soluble non-sugar solids (excluding any foreign substances that may have been added or developed in the product) equal to 6 percent or less by weight of the total soluble solids. The rate of duty will be on the total sugars at the rate of 3.6606 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 1702.90.2000, HTS. The rate of duty will be on the total sugars at the rate of 35.74 cents per kilogram. In addition, products classified under subheading 1702.90.2000, HTS, will be subject to additional duties based on their value as described in subheadings 9904.17.08 to 9904.17.15, HTS.

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 646-733-3031.

Sincerely,

Robert B. Swierupski
Director,

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See also:

• Tariff No.: 1702.90.10 - Cane/beet sugars & syrups (incl. invert sugar); nesoi, w/soluble non-sugar solids 6% or less soluble solids, subj Ch17 US note 5
• Tariff No.: 1702.90.20 - Cane/beet sugars & syrups (incl. invert sugar); nesoi, w/soluble non-sugar solids 6% or less soluble solids, not subj to GN15/Ch17 US nte 5
• Tariff No.: 9904.17.08 - Sugars, syrups and molasses, in 1701.12.50, 1701.91.30, 1701.99.50, etc, entered in value safeguard period, under $0.05/kg
• Tariff No.: 9904.17.15 - Sugars, syrups and molasses, in 1701.12.50, 1701.91.30, 1701.99.50, etc, entered in value safeguard period, $0.35/kg or more