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NY M82093




April 24, 2006

CLA-2-17:RR:NC:SP:232 M82093

CATEGORY: CLASSIFICATION

TARIFF NO.: 1704.90.3520; 1704.90.3550

Mr. John Kim
Eui Man Kim, Customs Broker
177-17 150th Avenue, Suite 203
Jamaica, NY 11434

RE: The tariff classification of Nut Crunch Snacks from China

Dear Mr. Kim:

In your letter dated March 28, 2006, on behalf of Wang Globalnet, you requested a tariff classification ruling.

Samples were submitted with your request. The samples consist of seven types of Nut Crunch Snacks in the form of cube shaped pieces, which are packaged in clear plastic containers with aluminum pull-up tops. A plastic lid covers the aluminum top. Almond Crunch Snack contains white sesame seeds, malt syrup, sugar and almonds. Peanut Crunch Snack contains peanuts, white sesame seeds, malt syrup and sugar. Black Sesame Crunch Snack contains black sesame seeds, malt syrup and sugar. Pine Crunch Snack contains white sesame seeds, malt syrup, sugar, pine nuts and almonds. Pumpkin Seed Crunch Snack contains white sesame seeds, malt syrup, sugar and pumpkin seeds. Sesame Crunch Snack contains white sesame seeds, malt syrup and sugar. Cashew Crunch Snack contains white sesame seeds, malt syrup, sugar and cashews.

The applicable subheading for the Peanut Crunch Snack will be 1704.90.3520, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Sugar confectionery (including white chocolate), not containing cocoa: Other: Confections or sweetmeats ready for consumption: Other: Other...Put up for retail sale: Containing peanuts, peanut butter or peanut paste. The duty rate will be 5.6 percent ad valorem.

The applicable subheading for the Almond Crunch Snack, Black Sesame Crunch Snack, Pine Crunch Snack, Pumpkin Seed Crunch Snack, Sesame Crunch Snack, and Cashew Crunch Snack will be 1704.90.3550, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Sugar confectionery (including white chocolate), not containing cocoa: Other: Confections or sweetmeats ready for consumption: Other: Other...Put up for retail sale: other. The duty rate will be 5.6 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (CFR Part 134). The samples you have submitted do not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

You have asked whether this product is subject to antidumping duties or countervailing duties. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W. Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection.

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 John Maria at 646-733-3031.

Sincerely,

Robert B. Swierupski
Director,

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