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NY M84137




June 21, 2006

CLA-2-20:RR:NC:N2:228 M84137

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.92.1040; 2008.92.9094

Mr. Kevin Maher
C-Air Customhouse Brokers
181 South Franklin Avenue
Valley Stream, NY 11581

RE: The tariff classification of a snack mix from China

Dear Mr. Maher:

In your letter dated June 7, 2006, on behalf of Ziba Nut, Inc., Port Washington, NY, you requested a tariff classification ruling.

A sample and ingredients breakdown accompanied your letter. The sample was examined and disposed of. Chinese Wasabi Mixture consists of green, yellow, and black soybeans, and shelled peanuts, all bearing a thin, white-colored, wasabi-flavored coating.

The applicable subheading for this product, when in an airtight container, will be 2008.92.1040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for fruit, nuts and other edible parts of plants, otherwise prepared or preservedotherincluding mixtures other than those of subheading 2008.19mixturesin airtight containers and not containing apricots, citrus fruits, peaches or pearsother. The rate of duty will be 5.6 percent ad valorem.

When packed in a container that is not airtight, the applicable subheading for the Chinese Wasabi Mixture will be 2008.92.9094, HTSUS, which provides for fruit, nuts and other edible parts of plants, otherwise prepared or preservedotherincluding mixtures other than those of subheading 2008.19mixturesotherotherother. The rate of duty will be 14.9 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 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

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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