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NY 888257




July 29, 1993

CLA-2-19:S:N:N7:228

CATEGORY: CLASSIFICATION

TARIFF NO.: 1902.19.4000; 2106.90.6599

Ms. Sulana D'Souza
Himalaya Gourmet Sauces, Inc.
3690 Bombardier Street
Brossard, Quebec Canada J4Z 2N1

RE: The tariff classification of food products from Canada

Dear Ms. D'Souza:

In your letter dated May 25, 1993 you requested a tariff classification ruling.

Samples and ingredients breakdowns were submitted with your letter. The samples were examined and disposed of. Vermicelli Pudding Mix, put up in a clear plastic pouch with a paper header, containing 100 grams (4 ounces) net weight, consists of short, thin strands of vermicelli, packed together with a sealed, plastic pouch containing raisins, almonds, sugar, and cardamoms. The mix, combined with milk and butter and cooked, creates a pudding-like dessert. Chevda, put up in similar packing, is a ready-to-eat snack product consisting of a mixture of roasted peanuts, cashew nuts, peas, crisp rice, potato sticks, raisins, curry leaves, spices, and salt.

The applicable subheading for the Vermicelli Pudding Mix will be 1902.19.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for pasta...uncooked...other...other, including pasta packaged with sauce preparations. The duty rate will be 10 percent ad valorem.

The applicable subheading for the Chevda will be 2106.90.6599, HTS, which provides for food preparations not elsewhere specified or included...other...other...other. The rate of duty will be 10 percent ad valorem.

Goods classifiable under subheading 1902.19.4000 and 2106.90.6599, HTS, which have originated in the territory of Canada, will be entitled to a 5 percent ad valorem rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

Your inquiry does not provide enough information for us to give a classification ruling on the Sambar Beans and the Massala Tea. Your request for a classification ruling for the beans should include the complete botanical name for the vegetable, and a description of the method of processing. For the tea, provide a description of how the tea is produced, and identify the type of plastic used to make the package.

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

Sincerely,

Jean F. Maguire
Area Director

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