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NY J85635

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June 23, 2003

CLA-2-17:RR:NC:SP:232 J85635

CATEGORY: CLASSIFICATION

TARIFF NO.: 1701.99.1000; 1701.99.5000

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

RE: The tariff classification of Sanding/Pearl Sugar from Canada

Dear Mr. Mindur:

In your letter dated June 6, 2003 you requested a tariff classification ruling.

The subject merchandise is described as a Sanding/Pearl Sugar, which is produced in Canada from Colombian raw cane sugar. It is stated to have a minimum polarity of 99.95 degrees. The product will be packaged in 40 kilogram multi-walled paper bags. It will be used as an ingredient in the manufacture of food products.

The applicable subheading for the Sanding/Pearl sugar, if described in additional U.S. note 5 to chapter 17 and entered pursuant to its provisions, will be 1701.99.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for Cane or beet sugar and chemically pure sucrose, in solid form: Other: Other. The rate of duty will be 3.6606 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 3.143854 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 1701.99.5000, HTS. The duty rate will be 35.74 cents per kilogram. In addition, products classified under subheading 1701.99.5000, HTS, which do not originate in Canada, Mexico, or Jordan, 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.: 1701.99.10 - Cane/beet sugar & pure sucrose, refined, solid, w/o added coloring or flavoring, subject to add. US 5 to Ch.17
• Tariff No.: 1701.99.50 - Cane/beet sugar & pure sucrose, refined, solid, w/o added coloring or flavoring, not subject to gen. note 15 or add. US 5 to Ch.17
• 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