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NY I82837

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June 12, 2002

CLA-2-19:RR:NC:2:228 I82837

CATEGORY: CLASSIFICATION

TARIFF NO.: 1901.90.9095; 2005.20.0070

Mr. Ernie Vallejo
Schenker, Inc.
150 Albany Avenue
Freeport, NY 11520

RE: The tariff classification of snack pellets from Italy

Dear Mr. Vallejo:

In your letter dated June 3, 2002, on behalf of Le Caselle S.R.L., you requested a tariff classification ruling.

Samples and technical literature were submitted with your letter. The samples were examined and disposed of. The products, “cereal pellets” and “potato pellets,” are dry, oval-shaped articles, yellow or tan in color, measuring approximately one inch long and ¾-inch wide. The cereal pellets are made of corn flour, wheat flour, potato starch, salt, sodium bicarbonate, and vegetable oil. The potato pellets are made from potato starch, potato granules, potato flakes, salt, vegetable oil, turmeric, and paprika. The pellets will be imported in boxes containing 12.5 kilograms. After importation, the pellets are to be fried in oil for 8-10 seconds, during which time they expand to several times their original size. The fried, enlarged products are sold and eaten as a snack food.

The applicable subheading for the cereal pellets will be 1901.90.9095, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations of flour, groats, meal, starch or malt extractnot elsewhere specified or includedotherotherother. The rate of duty will be 6.4 percent ad valorem.

The applicable subheading for the potato pellets will be 2005.20.0070, HTS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozenpotatoesother. The rate of duty will be 6.4 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 646-733-3029.

Sincerely,

Robert B. Swierupski
Director,

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See also:

• Tariff No.: 1901.90.90 - Flour-, meal-, starch-, malt extract- or dairy-based food preps not containing cocoa and not containing specific amounts of dairy, nesoi
• Tariff No.: 2005.20.00 - Potato preparations, prepared or preserved otherwise than by vinegar or acetic acid, not frozen