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NY D81215

August 20, 1998

CLA-2-19:RR:NC:2:228 D81215


TARIFF NO.: 1901.90.9095; 2005.20.0070

Ms. Elaine J. Cadrin
Cadcan Marketing & Sales
550-42 Ave. S.E.
Calgary, Alberta T2G 1Y6 Canada

RE: The tariff classification of snack pellets from Mexico

Dear Ms. Cadrin:

In your letter dated July 27, 1998 you requested a tariff classification ruling.

Samples and technical literature accompanied your letter. The samples were examined and disposed of. The products, described as "pasta chips" or "pasta snacks," are dry, brittle, yellow or orange-colored products resembling dry macaroni in the shape of wheels, stars, tubes, strips, etc. Cheecha Snax is composed of 95 percent wheat flour, 3 percent corn starch, and one percent each of sodium bicarbonate and artificial color. Cheecha Puffs are 78 percent corn flour, 18 percent corn starch, 3 percent salt, and one percent salt and sodium bicarbonate. Cheecha Krackles consist of 80 percent potato flour, 15 percent wheat flour, 2 percent each of corn starch and potato starch, and one percent salt. Cheecha Mix is a combination of the three different types. The actual composition of the mixture was not provided. The products will be imported into Canada in bulk, and then repackaged by your firm into smaller units. The purchaser of these products must cook the pellets in hot oil or in a hot air popcorn popper to make the finished snack food.

The applicable tariff provision for the Cheecha Snax and the Cheecha Puffs will be 1901.90.9095, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for food preparations of flour, meal, starch or malt extract...other...other...other. The general rate of duty will be 7.6 percent ad valorem.

The applicable tariff provision for the Cheecha Krackles and the Cheecha Mix will be 2005.20.0070, HTSUSA, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen...potatoes...other. The general rate of duty will be 7.6 percent ad valorem

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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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