CLA-2-17:RR:NC:SP:232 H81581
Mr. Tim Metzger
The Gilway Company, Ltd.
17 Arcadian Avenue
Paramus, NJ 07652-1203
RE: The tariff classification of Demerara Cubes and Golden Granulated Crystals produced in Columbia and packaged in Curacao.
Dear Mr. Metzger:
In your letter dated May 21, 2001 you requested a tariff classification ruling.
Samples and information were submitted with your initial request dated April 23, 2001. The Demerara Cubes will be imported in 500 gram cardboard boxes labeled “Caribbean Gold.” The Golden Granulated Crystals will be imported in 1000 gram bags, which are also labeled “Caribbean Gold.” Both products are produced from sugar cane, and are stated to have a polarity of 97.5 degrees.
The applicable subheading for the Demerara Cubes and the Golden Granulated Crystals, 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.
Your inquiry also asked whether the subject merchandise is entitled to duty free treatment under the Caribbean Basin Initiative (CBI). The Demerara Cubes and the Golden Granulated Crystals, which are produced in Columbia and packaged in Curacao would not be entitled to duty free treatment under the CBI, noting General Note 7 (b) (ii) (A) of the HTS.
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 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 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 212-637-7059.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division