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NY J88674




September 19, 2003

CLA-2-17:RR:NC:SP:232 J88674

CATEGORY: CLASSIFICATION

TARIFF NO.: 1702.90.5800

Mr. Rodney Ralston
UPS Supply Chain Solutions
One Trans-Border Drive
Champlain, NY 12919

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of sucrose/glucose syrup from Canada; Article 509

Dear Mr. Ralston:

In your letter dated August 27, 2003, on behalf of Huron Sweet Supplier Co., you requested a ruling on the status of a sucrose/corn syrup from Canada under the NAFTA.

The product is described as a blend of 90 percent sucrose and 10 percent 42 high fructose corn syrup in liquid form with no added color or flavor. The blend contains 68 to 70 percent sugar solids. The granular cane sugar in the blend is from Mexico, and the 42 high fructose corn syrup is produced in either the United States or Canada. The granular cane sugar from Mexico is combined with hot water under agitation and steam heat to produce a sugar solution. The sugar solution is blended with the high fructose corn syrup. The product will be shipped from Canada in liquid tankers.

The applicable tariff provision for the sucrose/corn syrup will be 1702.90.5800, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for Other sugars...sugar syrups not containing added flavoring or coloring matter...other...other: Blended syrups described in additional U.S. note 4 to chapter 17...other. The general rate of duty will be 33.9 cents per kilogram of total sugars plus 5.1 percent ad valorem.

The sucrose/corn syrup, being wholly obtained or produced entirely in the territory of Mexico, Canada and the United States, will meet the requirements of HTSUSA General Note 12(b)(i), and will therefore 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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