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NY K85309





May 11, 2004
CLA-2-17:RR:NC:SP:232 K85309

CATEGORY: CLASSIFICATION

TARIFF NO.: 1702.90.1000; 1702.90.2000

Mr. Robert Bixby
AdvisOrganics
2636 38th Avenue S
Minneapolis, MN 55406-1752

RE: The tariff classification of Rogers Golden Syrup from Canada

Dear Mr. Bixby:

In your letter dated April 16, 2004 you requested a tariff classification ruling.

The subject merchandise, which is derived from sugar cane, is described as a table syrup produced from a combination of refinery syrups. The product has a Brix of 80.0 to 81.5. The syrup contains 30 percent sucrose, 46 percent invert sugar, 1 percent ash and 3 percent other non-sugar solids. The merchandise will be packaged in the following containers: 750 milliliter, 1.5 liter, 3 liter PVC, 5 US gallon plastic, and 46 imperial gallon steel drums.

The applicable subheading for the Rogers Golden Syrup, if described in additional U.S. note 5 to chapter 17 and entered pursuant to its provisions, will be 1702.90.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for Other sugars, including chemically pure lactose, maltose, glucose and fructose, in solid form; sugar syrups not containing added flavoring or coloring matter; artificial honey, whether or not mixed with natural honey; caramel: Other, including invert sugar and other sugar and sugar syrup blends containing in the dry state 50 percent by weight of fructose: Derived from sugar cane or sugar beets: Containing soluble non-sugar solids (excluding any foreign substances that may have been added or developed in the product) equal to 6 percent or less by weight of the total soluble solids. The general rate of duty will be on the total sugars at the rate of 3.6606 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 1702.90.2000, HTS. The rate of duty will be on the total sugars at the rate of 35.74 cents per kilogram. In addition, except for goods of Canada, Mexico, Jordan, Singapore and Chile, products classified under subheading 1702.90.2000, HTS, 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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