N133397 N1 Ruling Active

The tariff classification of “Brownulated Brown Sugar”

Issued January 18, 2011 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 1701.11.5000, 1701.11.1000

Headings: 1701

Product description

The sample was submitted to the Customs laboratory for analysis. The product, “Brownulated Brown Sugar” is described as low moisture granulated brown sugar packed in 300 gram plastic pouches. The product will be sold to the food service industry in the United States and will be used as a topping on foods such as oatmeal. According to the information provided, the sucrose content by weight is between 92.0 and 96.0 (polarity) and there are no added colorings or flavorings. According to Customs Laboratory Report no. NY20101763, dated December 16, 2010, "the sample, a brown granulated powder packaged in a plastic bag contains 95.2 percent of sucrose on an ‘as is’ basis. It does not contain any added flavor or color.”

CBP rationale

The applicable subheading for the “Brownulated Brown Sugar” will be 1701.11.1000, Harmonized Tariff Schedule of the United States (HTSUS), 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.

Full text

N133397 January 18, 2011 CLA-2-17:OT:RR:NC:232 CATEGORY: Classification TARIFF NO.: 1701.11.1000; 1701.11.5000 Ms. JoAnn Allender Livingston International 670 Young Street Tonawanda, NY 14150 RE: The tariff classification of “Brownulated Brown Sugar” Dear Ms. Allender: In your letter dated November 18, 2010, on behalf of your client, Nealanders International of Mississauga, Ontario, you requested a tariff classification ruling. An ingredients breakdown and sample were submitted with your request. The sample was submitted to the Customs laboratory for analysis. The product, “Brownulated Brown Sugar” is described as low moisture granulated brown sugar packed in 300 gram plastic pouches. The product will be sold to the food service industry in the United States and will be used as a topping on foods such as oatmeal. According to the information provided, the sucrose content by weight is between 92.0 and 96.0 (polarity) and there are no added colorings or flavorings. According to Customs Laboratory Report no. NY20101763, dated December 16, 2010, "the sample, a brown granulated powder packaged in a plastic bag contains 95.2 percent of sucrose on an ‘as is’ basis. It does not contain any added flavor or color.” The applicable subheading for the “Brownulated Brown Sugar” will be 1701.11.1000, Harmonized Tariff Schedule of the United States (HTSUS), 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. 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, HTSUS. 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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