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NY K85436

May 7, 2004

CLA-2-19:RR:NC:2:228 K85436


TARIFF NO.: 1905.90.9030, 2005.51.4040

Mr. Thomas Hardie
Tri-Port Clearance Corp.
366 Pearsall Ave.
Cedarhurst, NY 11516

RE: The tariff classification of Indian style snacks from England.

Dear Mr. Hardie:

In your letter dated April 20, 2004, on behalf of Ambala Foods UK Ltd., you requested a tariff classification ruling.

Samples, submitted with your letter, were examined and disposed of. The products are snack foods. Gathia is made from 85.5 percent gram flour, 12 percent groundnut oil, 1.5 percent salt and 1 percent spices. Thick Sev is made from 85 percent gram flour, 12.5 percent groundnut oil, 1.5 percent salt and 1 percent spices. Namak Para and Nimki are made from 85 percent wheat flour, 12.5 percent vegetable oil, 1.5 percent salt, and 1 percent spices. The Moong Dal consists of 86 percent split mung beans, 12.5 percent groundnut oil, 1.5 percent salt, and 1 percent spices. The Gathia and Thick Sev are made by mixing the ingredients to form a batter, which is extruded and fried. The Gathia measure approximately 1-inch long and 3/8-inch in diameter. Thick Sev is a crunchy noodle-like snack measuring approximately 1-inch long and1/8-inch in diameter. The Namak Para and Nimki are made from dough, which is cut into shape and fried. The Namak Para are crisp, slightly puffed, diamond-shaped snacks measuring approximately 2 inches by 1-inch. Nimki are large, crisp, irregular-shaped pieces. The Moong Dal are very small seasoned, fried mung beans. The Gathia, Thick Sev, and Moong Dal are put up in bags containing 200 grams, net weight. The Namak Para and Nimki are put up in sealed plastic trays containing 500 grams, net weight.

The applicable subheading for the Gathia, Thick Sev, Namak Para, Nimki will be 1905.90.9030, Harmonized Tariff Schedule of the United States (HTS), which provides for bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoaotherothercorn chips and similar crisp savory snack foods. The rate of duty will be 4.5 percent ad valorem.

The applicable subheading for the Moong Dal will be 2005.51.4040, HTS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006beans (Vigna spp., Phaseolus spp.)beans, shelledotherother. The rate of duty will be 2.1 cents per kilogram on the entire contents of the container.

Your inquiry does not provide enough information for us to issue a classification ruling on the product called Dhalmooth. Your request for a classification ruling should include a complete ingredients breakdown, by weight, and a description of the manufacturing process.

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 646-733-3029.


Robert B. Swierupski

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