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NY 888597



July 29, 1993

CLA-2-20:S:N:N7:231 888597

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.19.8500, 2008.92.9094

Mr. Frank Foster
Daltons (1834) Inc.
1590 O'Connor Drive
Toronto, Ontario, Canada M4B 2V4

RE: The tariff classification of snack foods from Canada.

Dear Mr. Foster:

In your letter dated July 20, 1992 you requested a tariff classification ruling.

The products in question, snack foods, are described as follows:

A) "Mixed Nuts"--ingredients: oil roasted cashews, almonds and filberts and raw brazil nuts and pecans. (1 kilo per retail package)

B) "Cranberries and Nut Mix"--ingredients: sun dried raisins, "osmosis" dried cranberries and oil roasted banana chips, cashews and almonds.
(908 grams per retail package)

C) "Unusual Mix"--ingredients: oil roasted peanuts, sunflower seeds, almonds and cashews, sun dried sultana raisins, "osmosis" dried papayas and pineapples and raw pumpkin seeds. (1.5 kilos per retail package)

D) "Tropical Passion"--ingredients: "osmosis" dried papayas and pineapples, sun dried raisins, sun dried pitted dates and dried cut coconut. (1.5 kilos per retail package)

The applicable subheading for the "Mixed Nuts" and the "Unusual Mix" will be 2008.19.8500, Harmonized Tariff Schedule of the United States (HTS), which provides for fruits, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included: other, including mixtures: mixtures. The rate of duty will be 28 percent ad valorem.

Goods classifiable under subheading 2008.19.8500, HTS, which have originated in the territory of Canada, will be entitled to a 14 percent rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

The applicable subheading for the "Cranberries and Nut Mix" and the "Tropical Passion" will be 2008.92.9094, Harmonized Tariff Schedule of the United States (HTS), which provides for fruits, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included: other, including mixtures other then those of subheading 2008.19: mixtures: other: other: other. The rate of duty will be 17.5 percent ad valorem.

Goods classifiable under subheading 2008.92.9094, HTS, which have originated in the territory of Canada, will be entitled to a 8.7 percent rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

Additional requirements may be imposed on this product by the Food and Drug Administration. You may contact the FDA at:

Food And Drug Administration
Division of Regulatory Guidance
200 C Street, S.W.
Washington, D.C. 20204

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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