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NY C82022

November 28, 1997

CLA-2-19:RR:NC:2:228 C82022


TARIFF NO.: 1901.90.9095, 2005.20.0070

Nathaniel Harrison
Autofry International, Inc.
6 Huron Drive
Natick, MA 01760-1315

RE: The tariff classification of snack pellets from France.

Dear Mr. Harrison:

In your letter dated October 24, 1997, you requested a tariff classification ruling.

Ingredients breakdowns and six samples accompanied your letter. The samples were examined and disposed of. Snack pellets are dry, brittle products resembling pieces of uncooked pasta. Product no. 307 consists of 59.5 percent potato starch, 38 percent potato flakes, and 2.5 percent salt. No. 103 consists of 96.5 percent corn semolina, 2.5 percent salt, and 1 percent sodium bicarbonate. No. 318 consists of 48.9 percent potato granules, 47.9 percent potato starch, 2.1 percent salt, and 1.1 percent sugar. No. 318 (carrot, spinach, tomato, or onion) consists of 47.4 percent potato granules, 46.4 percent potato starch, 3 percent of carrot, spinach, tomato, or onion, 2.1 percent of salt, and 1.1 percent sugar. The pellets are semi-finished snack foods, made by mixing the dry ingredients with water, extruding, and drying. After importation, the pellets will be baked, fried, and packaged for sale as snack products.

The applicable subheading for the snack pellets nos. 307 and 103 will be 1901.90.9095 Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations of flour, meal, starch or malt extract, not elsewhere specified or included... other...other...other. The rate of duty will be 8.2 percent ad valorem.

The applicable subheading for the snack pellets nos. 318, and 318 (flavored) will be 2005.20.0070, HTS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006...potatoes...other. The rate of duty will be 8.2 percent.

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 Stanley Hopard at 212-466-5760.


Robert B. Swierupski

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