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NY N011617




September 20, 2007

CLA-2-04:RR:NC:232

CATEGORY:

TARIFF NO.: 0409.00.0025; 0409.00.0062

Mr. William E. Kentor
Great Foods Inc.
1255 Crofton Avenue
Highland Park, IL 60035

RE: The tariff classification of “100 Percent Pure, Natural Honey” from China and India

Dear Mr. Kentor:

In your letter dated May 23, 2007, you requested a tariff classification ruling. Samples were submitted with your request and sent to U.S. Customs and Border Protection Laboratory for analysis. You stated the honey did not undergo any processing other than usual sanitary procedures of screening to remove hive debris plus mixing with other pure, natural honeys to obtain an uniform color and taste. According to Customs Laboratory Report no. NY20070949, dated September 13, 2007, “100 percent pure, natural honey” is a light brown viscous liquid that contains 38.2 percent fructose, 31.8 percent glucose and 0.25 percent sucrose and 3.2 percent maltose. The sugar composition is consistent with the literature values of a natural honey. The product will be imported in two size containers with net weights of 8 ounces and 5 pounds.

The applicable subheading for the "100 percent Pure, Natural Honey", 8 ounce size will be 0409.00.0025, Harmonized Tariff Schedule of the United States (HTSUS), which provides for natural honeycomb honey and honey packaged for retail sale. The rate of duty will be 1.9 cents per kilogram. Additionally, there is 2.2 cents per kilogram agricultural fee on all imported honey.

The applicable subheading for the "100 percent Pure, Natural Honey", 5 pound size will be 0409.00.0062, Harmonized Tariff Schedule of the United States (HTSUS), which provides for natural honeyOtherlight amber honey not packaged for retail sale. The rate of duty will be 1.9 cents per kilogram. Additionally, there is a 2.2 cents per kilogram agricultural fee on all imported honey.

Articles classifiable under subheading 0409.00.0025 and 0409.00.0062, HTS, which are products of India, are currently entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP, however, 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 our Web site at www.cbp.gov and search for the term "GSP".

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

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 Frank Troise at 646-733-3031.

Sincerely,

Robert B. Swierupski, Director
National Commodity Specialist Division

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