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NY K85371

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May 19, 2004
CLA-2-19:RR:NC:2:228 K85371

CATEGORY: CLASSIFICATION

TARIFF NO.: 1901.90.9095, 1905.90.9030, 2005.90.8500, 2008.92.1040, 2008.92.9094, 2106.90.9998

Mr. Thomas Hardie
Tri-Port Clearance Corp.
366 Pearsall Ave.
Cedarhurst, NY 11516

RE: The tariff classification of Indian-style food products from England.

Dear Mr. Hardie:

In your letter dated April 19, 2004, you requested a tariff classification ruling. Samples, submitted with your letter, were examined and disposed of.

Suter Pheni is a dry, crisp product made from 90 percent flour and 10 percent ghee. Fine Sev, small, thin, crisp strands, consist of 86 percent gram flour, 12.5 percent groundnut oil, and 1.5 percent salt. Chana Dal is made from 85 percent split chick peas, 12.5 percent groundnut oil, 1.5 percent salt, and one percent spices. Ambala is a mix of 10 percent each of potato chips, peanuts, and puffed rice, 7.5 percent each of split grams, green lentils, chick peas, cashew nuts, green peas, and almonds, 7.5 percent spices (turmeric, aniseed dill seed, white pepper, black pepper, and mango powder), 5 percent sultanas, and 2 percent salt. Chevda is a snack mixture containing 30 percent split grams, 25 percent peanuts, 20 percent flaked rice, 12 percent groundnut oil, 6 percent gram flour, 2 percent each of onions, mustard seeds, and salt, and one percent spices. The Suter Pheni is made by mixing the ingredients into dough that is stretched into layers and fried. It is put up in cellophane bag in a cardboard box. The Fine Sev is formed by extruding and frying dough. The Chana Dal, Ambala Mix, and Chevda are made by frying the main ingredients, blending with the spices, and packing. Chana Dal and Chevda are put up in pouches containing 200 grams, net weight; the Ambala Mix is put up in a canister with a plastic lid containing 400 grams, net weight.

The applicable subheading for the Suter Pheni 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 includedother otherother. The rate of duty will be 6.4 percent ad valorem.

The applicable subheading for the Fine Sev will be 1905.90.9030, HTS, which provides for bread, pastry, cakes, biscuits, and other bakers’ wares, whether or not containing cocoaotherothercorn chips and similar crisp savory snack foods. The rate of duty will be 4.5 percent ad valorem.

The applicable subheading for the Chana Dal will be 2005.90.8500, HTS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozenother vegetableschickpeas (garbanzos). The rate of duty will be 0.8 cents per kilogram on the entire contents of the container.

The applicable subheading for the Ambala Mix, when put up in an airtight container, will be 2008.92.1040, HTS, which provides for fruit, nuts, and other edible parts of plants, otherwise prepared or preservednot elsewhere specified or includedother mixturesin airtight containers and not containing apricots, citrus fruits, peaches or pearsother. The rate of duty will be 5.6 percent at valorem. When put up in a container that is not airtight, the applicable subheading for the Ambala Mix will be 2008.92.9094, HTS, which provides for fruit, nuts, and other edible parts of plants, otherwise prepared or preservedmixturesotherother. The rate of duty will be 14.9 percent ad valorem.

The applicable subheading for the Chevda will be 2106.90.9998, HTS, which provides for food preparations not elsewhere specified or includedotherotherother. 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.: 1905.90.90 - Bakers' wares communion wafers, empty capsules suitable for pharmaceutical use, sealing wafers, rice paper and similar products, nesi
• Tariff No.: 2005.90.85 - Chickpeas (garbanzos), prepared or preserved otherwise than by vinegar or acetic acid, not frozen
• Tariff No.: 2008.92.10 - Mixtures of fruit or edible parts of plants, in airtight cont. excl. apricots, citrus, peaches or pears (incl. canned tropical fruit salad)
• Tariff No.: 2008.92.90 - Mixtures of fruit or other edible parts of plants, otherwise prepared or preserved, nesi (excluding tropical fruit salad)
• Tariff No.: 2106.90.99 - Food preparations not elsewhere specified or included, not canned or frozen