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NY K89214




September 17, 2004

CLA-2-19:RR:NC:2:228 K89214

CATEGORY: CLASSIFICATION

TARIFF NO.: 1901.90.9095

Mr. Martin Sokoloff
Good Groceries Company, Inc.
26 20th Street
Brooklyn, NY 11232

RE: The tariff classification of snack pellets from France.

Dear Mr. Sokoloff:

In your letters dated July 28, 2004 and August 26, 2004, you requested a tariff classification ruling.

A sample and descriptive literature were submitted with your first letter. Ingredients breakdowns were submitted with your second letter. The sample was examined and disposed of. Corn Quadritos are square-shaped pellets consisting of 65-75 percent corn flour, 15-25 percent starch, 6.5 percent sugar, and 1 percent salt. The pellets will be fried or hot air popped for use in the manufacture of breakfast cereals or snack products.

The applicable subheading for the snack 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 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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