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NY C82023




November 25, 1997

CLA-2-19:RR:NC:2:228 C82023

CATEGORY: CLASSIFICATION

TARIFF NO.: 1901.90.9095, 2005.20.0070

Nathaniel Harrison
Autofry International, Inc.
6 Huron Drive
Natick, MA 01760-1315

RE: The tariff classification of snack pellets from France.

Dear Mr. Harrison:

In your letter dated October 24, 1997, you requested a tariff classification ruling.

Ingredients breakdowns and six samples accompanied your letter. The samples were examined and disposed of. Snack pellets are dry, brittle products resembling pieces of uncooked pasta. Product no. 303 (carrot, spinach, tomato, or onion) consists of 46 percent wheat ash flour, 19.67 percent each potato flakes and potato starch, 9.67 percent potato granules, and 2 percent salt. No. 305 (carrot, spinach, tomato, or onion) consists of 75 percent potato granules, 20 percent potato starch, and 2 percent salt. No. 306 (carrot, spinach, tomato, or onion) consists of 47.5 percent potato flakes, and 46.5 percent potato granules, and 3 percent salt. No. 307 (carrot, spinach, tomato, or onion) consists of 57.5 percent potato flakes, 37 percent potato granules, and 2.5 percent salt. No. 314 (carrot, spinach, tomato, or onion) consists of 48.5 percent potato granules, 46.5 percent potato starch, and 2 percent salt. In addition, each of the products contain 3 percent carrot, spinach, tomato, or onion, depending upon variety. The pellets are semi-finished snack foods, made by mixing the dry ingredients with water, extruding, and drying. After importation, the pellets will be baked, fried, and packaged for sale as snack products.

The applicable subheading for the snack pellets no. 303 (flavored) 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, not elsewhere specified or included... other...other...other. The rate of duty will be 8.2 percent ad valorem.

The applicable subheading for the snack pellets nos. 305, 306, 307, 314, 318 (each flavored) will be 2005.20.0070, Harmonized Tariff Schedule of the United States (HTS), which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006...potatoes...other. The rate of duty will be 8.2 percent.

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,

Robert B. Swierupski
Director,

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