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NY A87829





October 10, 1996

CLA-2-19:RR:NC:2:228 A87829

CATEGORY: CLASSIFICATION

TARIFF NO.: 1901.90.9095; 2005.20.0070

Mr. Arthur M. Harrison
Autofry International, Inc.
12 Tech Circle
Natick, MA 01760

RE: The tariff classification of snack pellets from France

Dear Mr. Harrison:

In your letter dated September 16, 1996 you requested a tariff classification ruling.

Ingredients breakdowns and samples accompanied your letter. The samples were examined and disposed of. The "snack pellets" are dry products resembling uncooked pasta, in a variety of shapes and sizes. Product no. 101 is composed of 98 percent maize semolina and 2 percent salt. No. 102 is 92 percent semolina, 6 percent potato starch, and 2 percent salt. No. 201 is composed of 43 percent wheat flour, 20 percent potato starch, 15 percent semolina, 15 percent potato flakes, 5 percent potato granules, and 2 percent salt. No. 202 consists of 80 percent wheat flour, 18 percent potato starch, and 2 percent salt. No. 303 is 48 percent wheat flour, 20 percent potato starch, 20 percent potato flakes, 10 percent potato granules, and 2 percent salt. No. 305 is 77 percent potato granules, 21 percent potato starch, and 2 percent salt. No. 306 is 49 percent potato starch, 48 percent potato flakes, and 3 percent salt. Product no. 314 is 50 percent potato granules, 48 percent potato starch, and 2 percent salt. The pellets are semi-finished snack foods, made by mixing the dry ingredients with water, extruding, and drying. After importation, they will be fried, causing them to increase in size by several times and achieve an edible texture, flavored, and sold as finished snack foods.

The applicable subheading for the snack pellets nos. 101, 102, 201, 202, 303, and 306 will be 1901.90.9095, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations of flour, meal, starch or malt extract... other...other...other. The rate of duty will be 8.8 percent ad valorem.

The applicable subheading for snack pellets nos. 305 and 314 will be 2005.20.0070, HTS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid...potatoes...other. The rate of duty will be 8.8 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 212-466-5760.

Sincerely,

Roger J. Silvestri
Director

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