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NY I87941




November 26, 2002

CLA-2-8:RR:NC:2:228 I87941

CATEGORY: CLASSIFICATION

TARIFF NO.: 0813.50.0060; 2008.19.1040; 2008.19.4000; 2008.19.9090

Mr. Mike Daly
Livingston International Trade Services, Inc. 100 Walnut Street
Champlain, NY 12919

RE: The tariff classification, country of origin marking, and status under the North American Free Trade Agreement (NAFTA), of snack mixes from Canada; Article 509

Dear Mr. Daly:

In your letters dated October 23, 2002 and August 9, 2002, on behalf of Sucharu International Ltd., Ottawa, Ontario, Canada, you requested a ruling on the status of snack mixes from Canada under the NAFTA.

Ingredients breakdowns and a description of the processing were submitted. Tropical Mix, Party Mix, Sierra Mix, and Cranberry Nut Mix, are snack foods consisting of varying quantities of fruits, nuts, seeds, and baked articles. Tropical Mix is said to consist of raisins, banana chips, dried apricots, dried papaya chunks, dried pineapple, and dried coconut. Party Mix consists of roasted peanuts, raisins, rice snacks, roasted sunflower seeds, and sesame sticks. Sierra Mix is composed of raisins, roasted peanuts, roasted sunflower seeds, pumpkin seeds, and roasted almonds. Cranberry Nut Mix is a mixture of raisins, dried cranberries, roasted peanuts, pumpkin seeds, roasted sunflower seeds, and roasted cashews.

The raisins are products of South Africa. The banana chips, papaya, pineapple, and coconut are products of the Philippines. The rice snacks and pumpkin seeds (pepitas) are products of China. The apricots are goods of Turkey, the cashews are products of India, and the peanuts, sunflower seeds, sesame stick, almonds, and cranberries are goods of the United States. The cranberries, raisins, banana chips, apricots, papaya, pineapple, and coconut have been prepared in their respective countries of origin by cleaning and drying. No additional work is performed on them in Canada, other than blending into the finished mix. Similarly, the rice snacks, sesame sticks and pumpkin seeds are finished goods when imported into Canada, the only operations they undergo is blending into the snack mix. The cashews, almonds, peanuts, and sunflower seeds, however, are roasted in oil and seasoned with salt or barbecue seasoning prior to blending into the different snack mixes.

The applicable tariff provision for the Tropical Mix will be 0813.50.0060, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for fruit, driedmixtures of nuts or dried fruits of this chapterother. The general rate of duty will be 14 percent ad valorem.

The applicable tariff provision for the Cranberry Nut Mix will be 2008.19.1040, HTSUSA, which provides for fruit, nuts and other edible parts of plants, otherwise prepared or preservednuts, peanuts (ground-nuts) and other seedsother, including mixturesBrazil nuts and cashewscashews. The general rate of duty will be free.

The applicable tariff provision for the Sierra Mix will be 2008.19.4000, HTSUSA, which provides for fruit, nuts and other edible parts of plants, otherwise prepared or preservednuts, peanuts (ground-nuts) and other seedsother, including mixturesalmonds. The general rate of duty will be 32.6 cents per kilogram.

The applicable tariff provision for the Party Mix will be 2008.19.9090, HTSUSA, which provides for fruit, nuts and other edible parts of plants, otherwise prepared or preservednuts, peanuts (ground-nuts) and other seedsother, including mixturesotherother. The general rate of duty will be 17.9 percent ad valorem.

Each of the non-originating materials used to make the Cranberry Nut Mix, Sierra Mix, and Party Mix have satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/20.4. These three mixes will be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

The Tropical Mix does not qualify for preferential treatment under the NAFTA because the non-originating materials used in the production of the good will not undergo the change in tariff classification required by General Note 12(t)/8, HTSUSA.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. Part 134, Customs Regulations (19 CFR Part 134) implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304.

The country of origin marking requirements for a "good of a NAFTA country" are also determined in accordance with Annex 311 of the North American Free Trade Agreement ("NAFTA"), as implemented by section 207 of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat 2057) (December 8, 1993) and the appropriate Customs Regulations. The Marking Rules used for determining whether a good is a good of a NAFTA country are contained in Part 102, Customs Regulations. The marking requirements of these goods are set forth in Part 134, Customs Regulations.

Section 134.1(b) of the regulations, defines "country of origin" as
the country of manufacture, production, or growth of any article of foreign origin entering the U.S. Further work or material added to an article in another country must effect a substantial transformation in order to render such other country the "country of origin" within this part; however, for a good of a NAFTA country, the NAFTA Marking Rules will determine the country of origin. (Emphasis added).

Section 134.1(j) of the regulations, provides that the "NAFTA Marking Rules" are the rules promulgated for purposes of determining whether a good is a good of a NAFTA country. Section 134.1(g) of the regulations, defines a "good of a NAFTA country" as an article for which the country of origin is Canada, Mexico or the United States as determined under the NAFTA Marking Rules. Section 134.45(a)(2) of the regulations, provides that a "good of a NAFTA country" may be marked with the name of the country of origin in English, French or Spanish.

Part 102 of the regulations, sets forth the "NAFTA Marking Rules" for purposes of determining whether a good is a good of a NAFTA country for marking purposes. Section 102.11 of the regulations, sets forth the required hierarchy for determining country of origin for marking purposes.

Applying the NAFTA Marking Rules set forth in Part 102 of the regulations to the facts of this case, we find that the imported Party Mix, Sierra Mix, and Cranberry Nut Mix are goods of Canada for marking purposes. The imported Tropical Mix is a good of South Africa, The Philippines, and Turkey for marking purposes.

Your inquiry does not provide enough information for us to give a classification ruling on the Hot Cajun Mix. Your request for a classification ruling should include the identity of the “beer nuts” (i.e., what type of nut/seed are they?). When this information is available, you may wish to consider resubmission of your request.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter, to the Director, Commercial Rulings Division, Headquarters, U.S. Customs Service, 1300 Pennsylvania Ave. N.W., Washington, D.C. 20229.

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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