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NY C87254




May 19, 1998

CLA-2-19:RR:NC:2:228 C87254

CATEGORY: CLASSIFICATION

TARIFF NO.: 1901.90.9095

James Smith
CLH & Associates, Inc.
P.O. Box 3152
Huntsville, AL 35810

RE: The tariff classification of pellets from Spain.

Dear Mr. Smith:

In your letter dated March 20, 1998, you requested a tariff classification ruling.

Ingredients breakdowns and three samples accompanied your letter. The samples were examined and disposed of. The pellets are dry, brittle products resembling pieces of uncooked pasta. Aros de Cebolla (onion rings) are composed of 79.26 percent potato starch, 14.41 percent dehydrated potato, 2.91 percent dehydrated onion, 2.88 percent salt, and less than one percent each of emulsifier, flavoring, and coloring. Pajitas (french fries) are composed of 77 percent potato starch, 18.20 percent dehydrated potato, 4.10 percent salt, and less than 1 percent each of emulsifier, and flavoring. Triskys (corn chips) are made from 77.13 percent corn meal, 17 percent corn starch, 3.60 percent salt, and less than one percent each of vegetable oil, sodium bicarbonate, an emulsifier, acidity regulator, and citric acid. After importation, the pellets will be fried in oil and packaged for sale as snack products.

The applicable subheading for the Aros de Cebolla, Pajitas, and Triskys pellets 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 7.6 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,

Robert B. Swierupski
Director,

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