HQ 087302: Classification of Rock Candy

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                       HQ 087302

                                        July 6,1990

            CLA-2 CO:R:C:G 087302 JGH

            CATEGORY: Classification

            TARIFF NO.: 1701.99.00

            Mr. Kurt Konodi Floch
            Herman Ludwig Inc.
            1462 Elmhurst Rd.
            Elk Grove Village, Illinois  60007

            RE:  Classification of Rock Candy

            Dear Mr. Floch:

                 In your letter of May 30, 1990, you state that you
            represent an importer of rock candy, who has been importing
            the product from Belgium for many years.  You note that under
            the new tariff, the Harmonized Tariff Schedules of the United
            States (HTSUS), rock candy is now classified as sugar in
            subheading 1701.99, HTSUS, with no allowance under the quota
            for products of Belgium.

                 As stated in the copy of the Explanatory Notes to the
            HTSUS you enclosed, the term raw or refined sugars includes
            sugar candy consisting of large crystals produced by slow
            crystallization of concentrated solutions of sugar.  As a
            result, rock candy is considered a form of sugar, rather than
            a confection, and classifiable under the provision for other
            cane or beet sugar in solid form, in subheading 1701.99.00,
            HTSUS.  It is also subject to certain quota restrictions.

                 You feel that under the General Rules of Interpretation
            of the HTSUS, the "Essential Character" of the good should be
            considered.  However, essential character is employed when
            considering mixtures, composite goods consisting of different
            materials or made up of different components, or sets.  This
            is not the case here.  Rock Candy is not a mixture and, as
            pointed out, the Explanatory Notes consider rock candy a form
            of crystalline sugar.




















                                         - 2 -


                 Customs, as an administrative agency, has no authority to
            alter any of the provisions of the HTSUS.  However, you may
            want to contact the Office of the United States Trade
            Representative which does initiate changes in the tariff.  The
            address is:

                          Office of the U.S. Trade Representative
                          600 Seventeenth Street, N.W.
                          Washington, D.C. 20506

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division