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August 11, 1999

CLA-2-19:RR:NC:2:228 E84695

CATEGORY: CLASSIFICATION

TARIFF NO.: 1905.90.1050; 2005.90.8500; 2008.11.4500; 2008.11.6000

Mr. Arvind Savjani
OM International
22 Sitwell Grove
Stanmore, Middlesex HA7 3NB
England

RE: The tariff classification of snack foods from England

Dear Mr. Savjani:

In your letter dated July 12, 1999 you requested a tariff classification ruling.

Samples, ingredients breakdowns, and other information was submitted under separate cover, in your letters dated July 16, August 9, and August 11, 1999. The samples were examined and disposed of.

The products are described as ready-to-eat dry snacks, packed in 200-gram (7 ounce) clear plastic containers. Bhakharwadi (Spiced Wheat) is a fried pastry product, consisting of a dough rolled around a spicy filling. The stated ingredients are wheat flour, spices, sugar, gram flour, vegetable oil, salt, and citric acid. Hara Bhara Chana (Spicy Gram) consists of whole, dried chickpeas, lightly coated and flavored with spices. It is composed of chickpeas, green chili, garlic, salt, vegetable oil, gram flour, spinach, onion, green ginger, mint leaves, coriander, and curry leaves. Chana Chor (Spicy Black Gram) is a flat, disk-like food product composed of chickpea flour, salt, chili powder, “jaljira,” vegetable oil, citric acid, and spices. Sing Bhujia (Spicy Peanuts), consists of shelled peanuts with a thin coating, fried in oil. It is said to consist of peanuts, gram flour, chili powder, salt, turmeric, niger, and vegetable oil. The applicable subheading for the Bhakharwadi (Spiced Wheat) will be 1905.90.1050, Harmonized Tariff Schedule of the United States (HTS), which provides for bread, pastry, cakes, biscuits and other bakers’ waresother otherpastries, cakes and similar sweet baked products. The rate of duty will be free.

The applicable subheading for the Hara Bhara Chana (Spicy Gram) and Chana Chor (Spicy Black Gram) will be 2005.90.8500, HTS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozenother vegetableschickpeas (garbanzos) The rate of duty will be one cent per kilogram on the entire contents of the container

The applicable subheading for the Sing Bhujia (Spicy Peanuts), if imported in quantities that fall within the limits described in additional U.S. note 2 to chapter 12, will be 2008.11.4500, HTS, which provides for fruit, nuts and other edible parts of plants, otherwise prepared or preservedpeanuts (ground nuts)other...described in additional U.S. note 2 to chapter 12 and entered pursuant to its provisions. The rate of duty will be 6.6 cents per kilogram. If the quantitative limits of additional U.S. note 2 to chapter 12 have been reached, the product will be classified in subheading 2008.11.6000, HTS, and dutiable at the rate of 135.7 percent ad valorem. In addition, products classified in subheading 2008.11.6000, HTS, will be subject to additional duties, as described in subheadings 9904.12.01 to 9904.12.19, HTS.

As noted above, the Sing Bhujia (Spicy Peanuts) will be subject to a tariff rate quota for peanuts. In addition, this product may also be subject to requirements imposed by the United States Department of Agriculture, Agricultural Marketing Service (AMS). For additional information regarding AMS requirements, you may contact Mr. Tom Tichenor, at (202) 720-6962. If you have any questions regarding the peanut quota, you may contact Ms. Cindy Porter, U.S. Customs Headquarters, Quota Section/Trade Programs, at (202) 927-5399.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (19 CFR Part 134). The samples you have submitted do not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

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 212-637-7065.

Sincerely,

Robert B. Swierupski
Director,

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