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NY I85028

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September 12, 2002

CLA-2-17:RR:NC:SP:232 I85028

CATEGORY: CLASSIFICATION

TARIFF NO.: 1701.11.1000; 1701.11.5000

Mr. John Mindur
C. Czarnikow Sugar Inc.
Wall Street Plaza
88 Pine Street
New York, NY 10005

RE: The tariff classification of Sugar from Guyana

Dear Mr. Mindur:

In your letter dated August 14, 2002, you requested a tariff classification ruling.

You submitted descriptive literature and product samples with your request. The subject merchandise is described as organic Demerara cane sugar of two types. The first is “dark”, a brown, crystalline sugar with a stated polarity of 97.0 to 97.5 percent. The second is “light”, which is tan in color and has a stated polarity of 98.2 to 98.5 degrees.

The applicable subheading for both of the sugars, if imported in quantities that fall within the limits described in additional U.S. note 5 to chapter 17, will be 1701.11.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for Cane or beet sugar and chemically pure sucrose, in solid form: Raw sugar not containing added flavoring or coloring matter: Cane sugar: Described in additional U.S. note 5 to chapter 17 and entered pursuant to its provisions. The rate of duty will be 1.4606 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 0.943854 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 1701.11.5000, HTS. The rate of duty will be 33.87 cents per kilogram. In addition, products classified under subheading 1701.11.5000, HTS, will be subject to additional duties based on their value as described in subheadings 9904.17.01 to 9904.17.06.

Articles classifiable under subheading 1701.11.1000, HTS, which are products of Guyana 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 "T-GSP".

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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.: 1701.11.10 - Cane sugar, raw, in solid form, w/o added flavoring or coloring, subject to add. US 5 to Ch.17
• Tariff No.: 1701.11.50 - Cane sugar, raw solid form, w/o flavoring or coloring, nesoi, not subject to gen. note 15 or add. US 5 to Ch.17
• Tariff No.: 9904.17.01 - Sugars, syrups and molasses, in 1701.11.50, entered in value safeguard period, under $0.05/kg
• Tariff No.: 9904.17.06 - Sugars, syrups and molasses, in 1701.11.50, entered in value safeguard period, $0.25/kg or more