The tariff classification of “Organic Cane Sugar” from Costa Rica

N170263 July 8, 2011 CLA-2-17:OT:RR:NC:232 CATEGORY: Classification TARIFF NO.: 1701.11.1000; 1701.11.5000 Ms. Laura Chavarria Assukkar P.O. Box 3439-1000 Cédula Juridica # 3-101-172050-23 Código de Exportador: OGI San José, Costa Rica RE: The tariff classification of “Organic Cane Sugar” from Costa Rica Dear Ms. Chavarria: In your letter dated May 5, 2011, you requested a tariff classification ruling. Samples and information on the product accompanied your letter; the samples were examined and returned. The subject merchandise is described as an organic soft cane brown sugar. The merchandise is imported in three varieties: Organic Soft Cane Sugar, Organic Free Flowing Cane Sugar, and Organic Golden Cane Sugar. It will be imported in 25- kg plastic bags. The stated polarity of the sugars ranges from 80.0 degrees to 88.0 degrees. The applicable subheading for all three sugars: Organic Soft Cane Sugar, Organic Free Flowing Cane Sugar, and Organic Golden Cane Sugar 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 from Costa Rica classified under 1701.11.10, HTS, will be subject to additional country-specific tariff rate quotas as described in subheading 9822.05.15. 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 9904.17.07, HTS. Your inquiry does not provide enough information for us to issue a CAFTA-DR ruling on the three varieties of the Organic Soft Cane Sugars. Your request for a CAFTA-DR ruling should include the additional information indicated below: Is the sugar a good that was produced entirely in the territory of one or more of the parties to the Agreement exclusively from originating materials? List a detailed account or a flowchart of the manufacturing production for each of the sugars. You stated that you would like to know the criteria currently applied by Customs on the quota status granted to “organic sugars” from Costa Rica. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, our web site at www.cbp.gov. . 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 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