CLA-2-4:S:N:N7:232 811156
0409.00.0064
Mr. Don Couture
Beetown Honey Products Inc.
R.R.#2
Beetown, Ontario, Canada
LOG 1A0
RE: The tariff classification and status under the North
American Free Trade Agreement (NAFTA), of blended honey from
Canada; Article 509
Dear Mr. Couture:
In your letter dated May 30, 1995 you requested a ruling on
the status of blended honey from Canada under the NAFTA.
You state that the subject merchandise will consist of two
different honey blends. One blend will contain 80 percent honey
from non NAFTA sources and 20 percent honey from Canada. The
other blend will contain 45 percent honey from non NAFTA sources
and 55 percent honey from Canada. The blended honey may contain
honey from one non NAFTA source or from several non NAFTA sources
including Argentina, Australia and China. The imported honey
will be U.S. Grade A, and it is assumed it will include all
United States Department of Agriculture (USDA) color
designations. It will be for industrial use as an ingredient in
food products. The honey will be blended and packaged in Canada
in 15 kilogram pails, 55 gallon drums, 3100 pound totes and in
tankers.
The applicable tariff provision for the blended honey will
be 0409.00.00, Harmonized Tariff Schedule of the United States
Annotated (HTSUSA), which provides for natural honey. For white
blended honey not packaged for retail sale the applicable
subheading will be 0409.00.0042, HTS, for extra light amber honey
not packaged for retail sale the applicable subheading will be
0409.00.0044, for light amber honey not packaged for retail sale
the applicable subheading will be 0409.00.0062, and for any other
U.S.D.A. color designations of honey not packaged for retail sale
the applicable subheading will be 0409.00.0064, HTS. The general
rate of duty will be 2.2 cents per kilogram. Additionally, there
is a 2.2 cents per kilogram agricultural fee on all imported
honey.
The merchandise does not qualify for preferential treatment
under the NAFTA because one or more of the non-originating
materials used in the production of the goods will not undergo
the change in tariff classification required by General Note
12(t)/4, HTSUSA.
This ruling is being issued under the provisions of Part 181
of the Customs Regulations (19 C.F.R. 181).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Should you wish to request an administrative review of this
ruling, submit a copy of this ruling and all relevant facts and
arguments within 30 days of the date of this letter, to the
Director, Office of Regulations and Rulings, U.S. Customs
Service, 1301 Constitution Ave. N.W., Franklin Court, Washington,
D.C. 20229.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport