Nanaimo, BC

Application for Further Review of Protest No. 0901-24-104481; Tariff-Rate Quota; Sugar Containing Products from Canada ATTN Denise Basilio, Supervisory Import Specialist This letter is in reference to the Application for Further Review (“AFR”) of Protest No. 0901-24-104481, timely filed on June 6, 2024, by Trans America Customs Broker, on behalf of Dr. Oetker, USA, LLC (“Protestant”), regarding the tariff-rate quota status of sugar containing products from Canada. Our decision is set forth below. FACTS Protest No. 0901-24-104481 concerns eighty-seven entry type 02 entries of various sugar-containing products entered into the United States from Canada between December 1, 2023, and March 9, 2024. When filing entry, Protestant sought in-quota tariff rate treatment of the sugar-containing products (“SCP”), which includes products such as Dulce, crème brulee, chocolate mousse, and other food preparations containing sugar. The imported SCPs were entered under the following subheadings 1702.3

RE: The country of origin and eligibility under the United States-Mexico-Canada Agreement (USMCA) of TF-ODB-G Color Former from Canada

RE: The tariff classification and eligibility of the United States-Mexico-Canada Agreement of automated optical inspection systems from Canada

RE: The tariff classification and eligibility of the United States-Mexico-Canada Agreement (USMCA) of a handbag and tote bag from Canada

The tariff classification, country of origin determination, and status under the United States-Mexico-Canada Agreement (USMCA) of a retractable fiberglass mesh woven screen from Canada