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NY J86519




July 10, 2003

CLA-2-17:RR:NC:SP:232 J86519

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 and status under the North American Free Trade Agreement (NAFTA), of Sanding/Pearl Sugar from Canada; Article 509

Dear Mr. Mindur:

In your letter dated June 19, 2003 you requested a ruling on the status of Sanding/Pearl Sugar from Canada under the NAFTA.

The subject merchandise is described as a Sanding/Pearl Sugar, which is produced in Canada entirely from Canadian grown beet 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.

The Sanding/Pearl Sugar, being wholly obtained or produced entirely in the territory of Canada, will meet the requirements of HTSUSA General Note 12(b)(i). If classified under subheading 1701.99.1000, HTS, the Sanding/Pearl Sugar will be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

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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