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NY K89504

October 6, 2004

CLA-2-19:RR:NC:2:228 K89504


TARIFF NO.: 1901.90.9095, 2005.20.0070

Mr. Bob Somerville
F.C. Gerlach & Co., Inc.
290 Central Avenue, Suite 105
Lawrence, NY 11559

RE: The tariff classification of snack pellets from Spain.

Dear Mr. Somerville:

In your letters dated August 3, 2004, and September 9, 2004, you requested a tariff classification ruling.

Ingredients breakdowns for three dehydrated pellet products were submitted with your letters. The Plain Veggie Crisp Pellets consist of 58 percent potato granules, 39 percent potato starch, 2.8 percent salt, and 0.20 percent turmeric. The Tomato Veggie Crisp Pellets consist of 46 percent potato starch, 41 percent potato flakes, 11 percent tomato starch, and 2 percent salt. The Spinach Veggie Crisp Pellets are made from 50 percent potato starch, 43 percent potato flakes and potato granules, 4 percent spinach starch, and 3 percent salt. The pellets will be used to manufacture flavored vegetable potato chips.

The applicable subheading for the Tomato Veggie Crisp and Spinach Veggie Crisp snack pellets will be 1901.90.9095, Harmonized Tariff Schedule of the United States (HTYS), which provides for food preparations of flour, meal, starch or malt extract, not elsewhere specified or includedotherotherother. The rate of duty will be 6.4 percent ad valorem.

The applicable subheading for the Plain Veggie snack pellets 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, potatoesother. The rate of duty will be 6.4 percent ad valorem.

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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