The tariff classification of sugar spheres from France

NY H83550 August 8, 2001 CLA-2-17:RR:NC:SP:232 H83550 CATEGORY: Classification TARIFF NO.: 1701.99.1000; 1701.99.5000 Mr. Jack D. Mlawski Galvin & Mlawski 440 Park Avenue South-9th Floor New York, New York 10016-8067 RE: The tariff classification of sugar spheres from France Dear Mr. Mlawski: In your letter dated July 18, 2001, on behalf of Merck & Co., Inc., you requested a tariff classification ruling. The subject merchandise is described as sugar spheres, which are stated to contain 62.5 percent to 91.5 percent beet sugar with the balance corn starch. The sugar spheres will be used as cores to be coated with pharmaceuticals after importation into the United States. For the purposes of this ruling, the beet sugar is understood to have a minimum polarity of 99.5 degrees. You indicate that the registered trademark of the imported sugar spheres is “Suglets(.” The applicable subheading for the sugar spheres, if described in additional U.S. note 5 to chapter 17 and entered pursuant to its provisions, will be 1701.99.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for cane or beet sugar and chemically pure sucrose, in solid form: other. The rate of duty will be 3.6606 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 3.143854 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 1701.99.5000, HTS. The duty rate will be 35.74 cents per kilogram. In addition, products classified under subheading 1701.99.5000, HTS, will be subject to additional duties based on their value as described in subheadings 9904.17.08 to 9904.17.15, HTS. You have asked whether this product is subject to antidumping duties or countervailing duties. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W. Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs. 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