CLA-2-17:S:N:N2:232 813965
1701.99.5000
Mr. George V. Griffith, jr.
ZOT Enterprises, Inc.
Route 1, Box 242A
Lovettsville, VA 22080-9407
RE: The tariff classification of "Candi Sugar" from Belgium.
Dear Mr. Griffith:
In your letter dated August 17, 1995 you requested a tariff
classification ruling.
You submitted two samples with your original request. You
then sent additional descriptive literature and pictures of
product packaging on August 28, 1995. The product is a "rock
candy"-like substance, packaged in 500 gram boxes, in two
varieties: light and dark brown. Both types are stated to have a
polarity of between 99 percent and 99.7 percent. The saccharose
content is said to be between 98.67 percent and 99.55 percent.
In a telephone conversation on September 11, 1995, you indicated
that all the sugars were derived from sugar beets. The
anticipated consumers of this product are home brewer supply
shops, commercial microbreweries, and, to a lesser degree,
gourmet food and beverage shops so as to be used as a hot
beverage sweetener.
The applicable subheading for the sugar, if the polarity of
the sugar is under 99.5 percent, and if described in additional
U.S. note 5 to chapter 17 and entered pursuant to its provisions,
will be 1701.12.1000, Harmonized Tariff Schedule of the United
States (HTS), which provides for Cane or beet sugar and
chemically pure sucrose, in solid form: Raw sugar not containing
added flavoring or coloring matter: Beet sugar. The rate of duty
will be 3.6606 cents per kilogram less 0.020668 cents per
kilogram for each degree under 100 degrees (and fractions of a
degree in proportion) but not less than 3.143854 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 1701.12.5000, HTS. The duty rate will be 41
cents per kilogram. In addition, products classified under
subheading 1701.12.5000, HTS, will be subject to additional
duties based on their value as described in subheadings
9904.17.08 to 9904.17.15, HTS.
The applicable subheading for the sugar, if the polarity of
the sugar is 99.5 percent or over, and if described in additional
U.S. note 5 to chapter 17 and entered pursuant to its provisions,
will be 1701.99.1000, Harmonized Tariff Schedule of the United
States (HTS), which provides for Cane or beet sugar and
chemically pure sucrose, in solid form: Other: other. The rate
of duty will be 3.6606 cents per kilogram less 0.020668 cents per
kilogram for each degree under 100 degrees (and fractions of a
degree in proportion) but not less than 3.143854 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 1701.99.5000, HTS. The duty rate will be 41
cents per kilogram. In addition, products classified under
subheading 1701.99.5000, HTS, will be subject to additional
duties based on their value as described in subheadings
9904.17.08 to 9904.17.15, HTS.
Sugar classifiable under subheadings 1701.12.1000 and
1701.99.1000, HTS, is subject to import quotas allocated on a
country by country basis, determined on the origin of the raw
sugar. Inquiries on sugar quota requirements should be made
directly to:
United States Department of Agriculture
Foreign Agricultural Service
Import Policies & Programs Division
14th Street & Independence Ave.
Washington, D.C. 20250-1000
Tel# (202) 690-1632
Section 304 of the Tariff Act of 1930, as amended (19 U.S.C.
1304), provides, in general, that all articles of foreign origin
imported into the United States must be legibly, conspicuously,
and permanently marked to indicate the English name of the
country of origin to an ultimate purchaser in the United States.
The implementing regulations to 19 U.S.C. 1304 are set forth in
Part 134, Customs Regulations (19 CFR Part 134). The pictures
and samples you have submitted do not appear to be properly
marked with the country of origin. You may wish to discuss the
matter of country of origin marking with the Customs import
specialist at the proposed port of entry.
This ruling is being issued under the provisions of Section
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 212-466-5730.
Sincerely,
Roger J. Silvestri
Director,
National Commodity
Specialist Division