HQ 951178

June 23,1992

CLA-2 CO:R:C:F: 951178 H

TARIFF NO. 1701.11

Mr. Brian A. Schiro
Plantation California
Agro Development
1134 Walsh Avenue
Santa Clara, CA 95050

RE: Classification of Rapadura, a sugar from Brazil. Reconsideration of New York Ruling letter 870432

Dear Mr. Schiro:

Your letter of February 17, 1992, concerns the tariff classification under the Harmonized Tariff Schedule of the United States (HTSUS), of Rapadura from Brazil.

FACTS:

Rapadura is said to be made by squeezing cut cane by hand through metal rollers to extract the juice. The juice is then poured into large metal calderons, which are heated by burning cane begass to achieve a low boil to evaporate the juice. This step is repeated three times in three different calderons until the product becomes a thick liquid; it is then poured into wooden molds to dry. The hardened brick is then ground by hand and sifted through #2 screens to obtain the powder. In order to produce a liquid product, the Rapadura is liquified with water and yeast to keep it in solution form.

A report from a private laboratory stated that "Rapadura - Fine Granular" had a total sugar content of 91.46 percent, with 6.0 percent non-sugar solids.

Rapadura is used as a substitute for non-inorganic sweeteners, the manufacture of organic cereal coating and baked goods, and in baby foods.

ISSUE:

Classification of Rapadura.

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LAW AND ANALYSIS:

You state that Brazil would classify Rapadura under the provision for brown sugar in subheading 1701.11.03, HTSUS. However, it is your position that the product should be classified as molasses in subheading 1703.10.300, HTSUS. The Explanatory Notes to the HTSUS provide guidance to the various tariff provisions on the international level. The Notes to heading 1703 define molasses as being obtained only as the result of the extraction or refining of sugar; the normal by-product from the extracting or refining of beet or cane sugar; a brown or blackish viscous substance containing an appreciable amount of sugar which cannot be readily crystallized. Molasses, in the Condensed Chemical Dictionary, is defined as the syrupy mother liquid left after the sucrose has been removed from the sugar cane or sugar beet juice. A typical analysis of cane molasses might be sucrose 30%, reducing sugars 20%, water 20%, organic nonsugars 20%. Rapadura is not a by product, it is obtained by evaporating the water from sugar cane juice.

Furthermore, Additional U.S. Note 5, Chapter 17, HTSUS, states that Heading 1703 does not include products derived from sugar cane or sugar beet and containing soluble non-sugar solids (excluding any foreign substance that may have been added or developed in the product) equal to 6 percent or less by weight of the soluble solids. Accordingly, even if Rapadura was considered a form of molasses, it could not be classified in heading 1703, since it contains 6 percent non-sugar solids.

In any event, considering its method of production and sugar content, Rapadura is not a form of molasses but is sugar.

HOLDING:

Rapadura, in powdered or solid form, would be classified in subheading 1701.11.0125, or 1701.11.0325, HTSUS, depending on quota status.

New York Ruling letter 870432 is affirmed.

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Rapadura in liquid form will be classified in the provision for other sugars, sugar syrups not containing added flavoring or coloring in subheading 1702.90.3100 or 1702.90.3200, HTSUS, depending on quota status.

Sincerely,

John Durant, Director
Commercial Rulings Division