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HQ 083132


October 23, 1989

CLA-2:CO:R:C:G 083132 SER

CATEGORY: CLASSIFICATION

TARIFF NO.: 2005.20.00; 1901.90.90

Mr. Julio Fernandez
Europa Service, Inc.
Box 9114
Bayamon, Puerto Rico 00621-8039

RE: Snack Foods

Dear Mr. Fernandez:

This is in reference to your letter of August 2, 1988, requesting the tariff classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), of snack foods from Spain. No samples were submitted.

FACTS:

The merchandise at issue consists of four snack items of varying shapes- wheels, squares, stars and a ham charris (the shape of a ham charris is nomenclature provided by the inquirer). They are made from a paste composed primarily of either potato starch and wheat flour; potato solids and wheat and rye flour; or potato granules, potato starch, and rye flour.

ISSUE:

What is the proper classification of the snack foods from Spain under the HTSUSA?

LAW AND ANALYSIS:

Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRI), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes.

Heading 2005, HTSUSA, provides for other vegetables prepared otherwise than by vinegar or acetic acid, not frozen: potatoes; other. The Explanatory Notes constitute the official interpretation of the tariff at the international level. Note 3 to Chapter 20 states that heading 2005, HTSUSA, includes potato flour, meal, or flakes prepared by processes other than those specified in Chapters 7 or 11. This would include articles based
on potato flour. The examination of the Explanatory Notes to Chapter 20 reveal that subheading 2005.20, HTSUSA, is fairly broad, and includes products not readily identifiable or used as the vegetable. Examples discussed in the notes include: dumpling products, and dried rectangular tablets made from potato flour, salt, and sodium glutamate, intended to be deep fried and consumed as "chips".

Two of the shapes of the merchandise at issue-- the ham charris and the stars-- are vegetable (potato) based, and both of these items appear to be prepared in the same manner as the "rectangular tablets" exemplar in the Explanatory Notes for heading 2005, HTSUSA. Thus, they are properly classified within this heading.

The remaining two shapes-- the wheels and the squares-- appear to be based on wheat flour and potato starch. Heading 1901, HTSUSA, provides for food preparations of flour, meal, or starch. The remaining shapes conform to the requirements of the Notes to this heading.

HOLDING:

The merchandise at issue is classifiable under GRI 1. The potato-based snack foods are classifiable under subheading 2005.20.00, HTSUSA, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen: potatoes, other. The rate of duty is 10 percent ad valorem. The non potato-based snack items are classifiable in subheading 1901.90.9095, HTSUSA, which provides for food preparations of flour, meal, or starch. The rate of duty is also 10 percent ad valorem.

Sincerely,

John Durant, Director
Commercial Rulings Division

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