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NY K81815




December 17, 2003
CLA-2-17:RR:NC:SP:232 K81815

CATEGORY: CLASSIFICATION

TARIFF NO.: 1701.91.4800

Mr. Thomas M. Miaskiewicz
Sullivan & Lynch, P.C.
156 State Street
Boston, Massachusetts 02109-2508

RE: The tariff classification of Vanilla Sugar SV4 from France

Dear Mr. Miaskiewicz:

In your letter dated December 5, 2003, on behalf of Prova, Inc., you requested a tariff classification ruling.

The subject merchandise is stated to contain 97 percent beet sugar and 3 percent pure vanilla extract. The product will be imported in 100 pound cardboard cartons and used by the sweet food industry as an additive to chocolate syrup.

The applicable tariff provision for the Vanilla Sugar SV4 will be 1701.91.4800, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for cane or beet sugar and chemically pure sucrose, in solid form...containing added flavoring matter whether or not containing added coloring... articles containing over 65 percent by dry weight of sugar described in additional U.S. note 2 to chapter 17...other. The rate of duty will be 33.9 cents per kilogram plus 5.1 percent ad valorem.

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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