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NY 808643

May 23, 1995

CLA-2-20:S:N:N7:228 808643


TARIFF NO.: 2008.92.1040

Mr. Mark Davies
Tower Group International, Inc.
128 Dearborn Street
Buffalo, New York 14207

RE: The tariff classification of snack food from Canada.

Dear Mr. Davies:

In your letter dated March 23, 1995 you requested a tariff classification ruling on behalf of your client, Super-Puft Popcorn Limited, Ontario, Canada.

An ingredients breakdown and samples of two products accompanied your letter. The samples were forwarded to the United States Customs laboratory for analysis. Popsy Crunch- Caramel Popcorn with Peanuts and Popsy Crunch-Caramel Popcorn with Almonds, consist of a mixture of candy-coated popcorn and peanuts or almonds. The snack foods are packed in foil bags containing 5.3 ozs., net weight, to be inserted into a box. Laboratory testing found the bags to be airtight.

The applicable subheading for the "Popsy" snack food will be 2008.92.1040, Harmonized Tariff Schedule of the United States (HTS), which provides for fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or sweetening matter...not elsewhere specified or included...other...mixtures...in airtight containers...other. The duty rate will be 6.8 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director
New York Seaport

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