us-cbp-cross-rulings-hq-087302•HQ 087302: Classification of Rock Candy
HQ 087302: Classification of Rock Candy
us-cbp-cross-rulings-hq-087302HQ 087302: Classification of Rock CandyGuidance
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
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