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Sugar Under Tariff Rate Quotas - Licensing Applications and Reporting Procedures

SPECIALTY SUGAR TARIFF RATE QUOTA (TRQ)

What types of specialty sugar are eligible under the Tariff-Rate Quota? 

Specialty sugar is defined in 15 CFR 2011, and means: brown slab sugar (also known as slab sugar candy), pearl sugar (also known as perl sugar, perle sugar, and nibs sugar), vanilla sugar, rock candy, demerara sugar, dragees for cooking and baking, fondant (a creamy blend of sugar and glucose), ti light sugar (99.2% sugar with the residual comprised of the artificial sweeteners aspartame and acesulfame K), caster sugar, golden syrup, ferdiana granella grossa, golden granulated sugar, muscovado, molasses sugar, sugar decorations, sugar cubes, and organic sugar.

In addition to being a type of sugar listed above, to be eligible for the specialty sugar TRQ the sugar must be classified in the Harmonized Tariff Schedule (HTS) of the United States under subheading 1701.91.10, 1701.99.10, 1702.90.10, or 2106.90.44. The specialty sugar TRQ is limited to those sugars whose content of sugar by weight, in the dry state, corresponds to a polarimeter reading of 99.5 degrees or more. The most common types of specialty sugars are classified in HTS 1701.99.10.

Fiscal Year 2010 Specialty Sugar TRQ

On September 25, 2009, the U.S. Department of Agriculture (USDA) announced the establishment of the Fiscal Year (FY) 2010 specialty sugar TRQ at 76,825 short tons - ST - (69,694 metric tons - MT); a 5,000- ST (4,536 MT) decrease from the previous year. To view the September 25, 2009 press release, please visit the following link:

USDA Establishes Fiscal Year 2010 Tariff-Rate Quotas for Raw, Refined, and Specialty Sugar and the Domestic Sugar Overall Allotment Quantity

USDA will administer the FY 2010 specialty sugar TRQ in five tranches. Because this is a first-come, first-served TRQ, tranches are needed to allow for orderly marketing throughout the year. The tranches of the FY 2010 specialty sugar TRQ will open as follows:

Tranche 1 – Opens 10/20/2009 –   1,656 MT

Tranche 2 – Opens 11/10/2009 – 25,000 MT

Tranche 3 – Opens 01/12/2010 – 14,346 MT

Tranche 4 – Opens 05/17/2010 – 14,346 MT

Tranche 5 – Opens 08/24/2010 – 14,346 MT

The second, third, fourth and fifth tranches will be reserved for organic sugar and other specialty sugars not currently produced commercially in the United States or reasonably available from domestic sources.

Specialty Sugar Certificate

Sugar imported (entered) into U.S. Customs territory under the specialty sugar TRQ must be accompanied by a specialty sugar certificate valid for that fiscal year. An importer or the importer's agent must present a specialty sugar certificate, valid for that tranche, to the appropriate customs official when the specialty sugar enters the customs territory of the United States.  Entry of specialty sugar within the TRQ shall be allowed only in conformity with the conditions and limitations stated in the certificate.

Issuance of a certificate does not guarantee the entry of any specific shipment of specialty sugar at a zero or nominal rate of duty, but only permits entry of such sugar if the TRQ is not already filled.

Importers are encouraged to check the U.S. Customs and Border Protection (CBT) website for updated Quota Book Transmittal (QBT) reports for information about any special procedures which may apply on TRQ opening dates:

Quota Book Transmittals (QBTs) 

Also, the following CBT website contains a weekly report on the status of U.S. tariff-rate quotas:

Commodity Status Report for Tariff Rate Quotas

How to Apply for a Specialty Sugar Certificate

To apply for a specialty sugar certificate, fax, email, or courier the following information:

  • The name and street address of the applicant; must be an importer with a U.S. place of business;
     
  • A statement of the anticipated quantity of specialty sugars to be imported;
     
  • The appropriate six digit HTS subheading number;
     
  • A description of the specialty sugar the importer expects to import during the period of the certificate, including the manufacturer's or exporter's usual trade name or designation. A description of the traditional use of such specialty sugar, and the importer's intended use of such specialty sugar;
     
  • Importers of organic sugar are asked to supply a copy of the USDA accredited
    certification(s);
     
  • Sufficient evidence to permit the Certifying Authority to make a reasonable determination that such sugars are specialty sugars within the definition of specialty sugars in this subpart;
     
  • The name of the anticipated consumer of the specialty sugars, if known at time of application; and,
     
  • The anticipated date of entry, if known at time of application. 

    • Applications may be faxed to:   202-720-0876,

    or emailed to:  sugars@fas.usda.gov,

    or sent by courier to:

    Import Policies and Export Reporting Division
    Office of Trade Programs, FAS/USDA
    Suite 400, Stop 1021
    1250 Maryland Ave., SW
    Washington, DC 20024.

    For more information on the federal regulations governing specialty sugar imports into the United States, please visit the following link:

    Electronic Code of Federal Regulations

    or call the Import Policies and Export Reporting Division of FAS at 202-720-2194.