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HQ 087302


July 6,1990

CLA-2 CO:R:C:G 087302 JGH

CATEGORY: CLASSIFICATION

TARIFF NO.: 1701.99.00

Mr. Kurt Konodi Floch
Herman Ludwig Inc.
1462 Elmhurst Rd.
Elk Grove Village, Illinois 60007

RE: Classification of Rock Candy

Dear Mr. Floch:

In your letter of May 30, 1990, you state that you represent an importer of rock candy, who has been importing the product from Belgium for many years. You note that under the new tariff, the Harmonized Tariff Schedules of the United States (HTSUS), rock candy is now classified as sugar in subheading 1701.99, HTSUS, with no allowance under the quota for products of Belgium.

As stated in the copy of the Explanatory Notes to the HTSUS you enclosed, the term raw or refined sugars includes sugar candy consisting of large crystals produced by slow crystallization of concentrated solutions of sugar. As a result, rock candy is considered a form of sugar, rather than a confection, and classifiable under the provision for other cane or beet sugar in solid form, in subheading 1701.99.00, HTSUS. It is also subject to certain quota restrictions.

You feel that under the General Rules of Interpretation of the HTSUS, the "Essential Character" of the good should be considered. However, essential character is employed when considering mixtures, composite goods consisting of different materials or made up of different components, or sets. This is not the case here. Rock Candy is not a mixture and, as pointed out, the Explanatory Notes consider rock candy a form of crystalline sugar.

Customs, as an administrative agency, has no authority to alter any of the provisions of the HTSUS. However, you may want to contact the Office of the United States Trade Representative which does initiate changes in the tariff. The address is:

Office of the U.S. Trade Representative
600 Seventeenth Street, N.W.
Washington, D.C. 20506

Sincerely,

John Durant, Director

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