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January 6, 1999

CLA-2-12:RR:NC:2:231 D85088


TARIFF NO.: 1209.91.8055; 1806.90.9019

Mr. Helmut Wagner
Embassy of Austria
1350 Connecticut Avenue, NW, Suite 501
Washington, DC 20036

RE: The tariff classification of pumpkin seeds from Austria.

Dear Mr. Wagner:

In your letter, dated November 25, 1998, you have requested a tariff classification ruling on behalf of your client, Helco, Limited, Mount Vernon, VA.

The merchandise is comprised of Styrian pumpkin seeds that are grown without shells. They will be packed in plastic bags and sold at retail for human consumption. The net weight is 57 grams. The merchandise is described thus:

1. "Natural" - dehydrated and uncoated
2. "Lightly Roasted" - uncoated
3. "Lightly Roasted and Salted"
4. "Milk Chocolate Coated"
5. "White Chocolate Coated"
6. "Orange Chocolate Coated"
7. "Cinnamon Candy Coated"

The applicable subheading for "Natural," "Lightly Roasted," and "Lightly Roasted and Salted" pumpkin seeds will be 1209.91.8055, Harmonized Tariff Schedule of the United States (HTS), which provides for seeds, fruits and spores, of a kind used for sowing, other, vegetable seeds, other, pumpkin. The rate of duty will be 1.8 cents per kilogram.

The applicable subheading for "Milk Chocolate Coated" and "Orange Chocolate Coated" pumpkin seeds will be 1806.90.9019, HTS, which provides for chocolate and other food preparations containing cocoa...other...other... other...confectionery...other. The rate of duty will be 6.2 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on either "White Chocolate Coated" or "Cinnamon Candy coated" pumpkin seeds. Your request for a classification ruling should include the following:

1. For "White Chocolate Coated" submit a sample and indicate the percentage of ingredients by weight. 2. For "Cinnamon Candy Coated" indicate whether sugar is added, and if so, the percentage by weight and type.

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 Ralph Conte at (212) 466-5759.


Robert B. Swierupski

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