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NY I83895




August 23, 2002

CLA-2-17:RR:NC:SP:232 I83895

CATEGORY: CLASSIFICATION

TARIFF NO.: 1702.90.1000; 1702.90.2000

Mr. David J. Levine
McDermott, Will & Emery
600 Thirteenth Street, N.W.
Washington, D.C. 20005-3096

RE: The tariff classification of Cane Honey from Columbia

Dear Mr. Levine:

In your letter dated June 25, 2002, on behalf of Liquid Gold, Inc., you requested a tariff classification ruling.

A sample, and technical information were submitted with your request. The subject merchandise, “Cane Honey”, is described as pure, concentrated juice of sugar cane. The subject merchandise is produced by a patented process, which begins with the sugar cane harvested by hand to minimize extraneous material. The harvested sugar cane is cut into smaller pieces, which are fed into a mill and passed through two roller presses that extract the cane juice. The juice is filtered through a primary steel screen filter and a secondary vibrating screen filter. Calcium Hydroxide (milk of lime) is added to adjust the pH level of the juice to 8 or 8.5. After the pH is adjusted, the juice is heated to approximately 99 degrees Celsius. After heating, the juice is clarified by adding natural flocculates (guasimo, mataraton, and cadillo) that attach to the impurities. The flocculates and impurities float to the bottom of the juice and are removed. The juice is clarified a second time, and kept at a constant 60 degrees Celsius. The product is now 99.9 percent impurity free and has a Brix of 60 degrees. After clarification, the juice is concentrated through a vacuum procedure. After concentration the juice is pumped into a tank where it will cool to a temperature below 54.4 degrees Celsius. The final product is a concentrated sugar cane juice free from impurities and sterilized to prevent fermentation. The processing also inverts the sugar to 47% to 48% glucose and fructose and 3 % or less of sucrose. The low sucrose content prevents the product from crystallizing. The merchandise is not subjected to further processing into refined sugar.

The Cane Honey can be consumed directly or used as an ingredient in making various juice beverages. The product will be sold to the consumer in 375 milliliter fluid ounce bottles. It may also be sold in 5 gallon plastic containers and/or 55 gallon plastic drums for the industrial juice beverage market. The industrial use includes adding the product as a flavoring ingredient in the production of juice beverages and other foods.

The Customs laboratory has determined that the Cane Honey contains a total sugar content of 72.1 percent, with 37.7 percent fructose, 34.4 percent glucose and no sucrose. The soluble non- sugar solids are equal to 5.2 percent of the total soluble solids.

The applicable subheading for the Cane Honey, 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.

Articles classifiable under subheading 1702.90.1000, HTS, which are products of Columbia may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP 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", click on “Files”, click on “Search” and then enter a key word search for the term "T-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 646-733-3031.

Sincerely,

Robert B. Swierupski
Director,

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