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NY N013265




July 10, 2007

CLA-2-19:RR:NC:N2:228

CATEGORY: CLASSIFICATION

TARIFF NO.: 1905.90.1090

Mr. John Peterson
C.H. Powell Company
20013 South Rancho Way
Rancho Dominguez, CA 90220

RE: The tariff classification of a coated nut snack from China

Dear Mr. Peterson:

In your letter dated June 14, 2007, on behalf of Spring Snack Food, Inc., Montrose, CA, you requested a tariff classification ruling.

Samples, an ingredients breakdown, and a description of the manufacturing process were submitted with your letter. The samples were examined and disposed of. The “coated nut snack product” is a baked snack food composed of a whole peanut encased in a thick, crisp, coating composed of wheat flour, rice flour, sugar, salt, sodium bicarbonate, ammonium bicarbonate, and starch. Examination of the samples found the thickness of the coating to be equal to or greater than the diameter of the peanut.

The applicable subheading for this product will be 1905.90.1090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for bread, pastry, cakes, biscuits and other bakers’ waresotherbread, pastry, cakes, biscuits and similar baked productswhether or not containing chocolate, fruit, nuts or confectioneryotherother. The rate of duty will be free.

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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