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NY I88435

December 2, 2002

CLA-2-17:RR:NC:SP:232 I88435


TARIFF NO.: 1701.11.1000; 1701.11.5000

Mr. Luis E. Giraldo
Centurion Trading & Logistics, Inc.
8630 N.W. 5th Terrace Suite #204
Miami, Florida 33126

RE: The tariff classification of “KATYOS” from Columbia

Dear Mr. Giraldo:

In your letter dated November 1, 2002 you requested a tariff classification ruling.

A sample and technical information were included with your request. Additional information was submitted with your fax dated November 27, 2002. The subject merchandise is “KATYOS”, which is described as dehydrated cane sugar juice without additives. You indicate that the product is also known as “Panela”, “Piloncillo” or “Raspadura.” The merchandise contains between 73 percent and 78 percent non-reducing sugar, and between 3.5 percent and 14 percent reducing sugar. For the purposes of this ruling, it is our understanding that the non-reducing sugar refers to sucrose, and the reducing sugars refer to glucose and fructose. The product will be packaged in nylon and polyethylene bags with an approximate weight of 453 grams. It will be used as an ingredient in various food products.

The applicable subheading for the “KATYOS”, if described in additional U.S. note 5 to chapter 17 and entered pursuant to its provisions will be 1701.11.1000, 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: Cane sugar. The rate of duty will be 1.4606 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 0.943854 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 1701.11.5000, HTS. The rate of duty will be 33.87 cents per kilogram. In addition, products classified under subheading 1701.11.5000, HTS, will be subject to additional duties based on their value as described in subheadings 9904.17.01 to 9904.17.06, HTS.

Articles classifiable under subheading 1701.11.1000, HTS, which are products of Columbia may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check the Customs Web site at www.customs.gov. At the Web site, click on "CEBB", click on “Files”, click on “Search” and then enter a key word search for the term "T-GSP".

Additional requirements may be imposed on this product by the United States Department of Agriculture (USDA). Inquiries on sugar quota requirements should be made directly to:

United States Department of Agriculture
Farm and Foreign Agricultural services
Foreign Agricultural Service
1400 Independence Ave., SW
AgStop 1021
Washington, D.C. 20250-1021
Tel # 202-720-2916

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 (CFR Part 134). The sample you have submitted does 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 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.


Robert B. Swierupski

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