CLA-2-19:OT:RR:NC:N2:228
Mr. Kulmohan Singh
Global Food Concepts, Inc.
112 Portmarnock Drive
Avondale, PA 19311
RE: The tariff classification of snack foods from India
Dear Mr. Singh:
In your letters dated July 11, 2008 and August 19, 2008 you requested a tariff classification ruling.
Samples of six products were submitted with your first letter. Ingredients breakdowns and processing information accompanied your August correspondence. The samples were examined and disposed of. The products are Indian snack foods, packaged for retail sale in sealed film pouches containing 7 ounces, net weight. Aloo Bhujia and Bikaneri Bhujia consist of crisp, fried, brown-colored, noodle-like strands, approximately ½-inch in length and 1/16-inch in diameter. Aloo Bhujia is composed of potatoes, gram pulse flour, tepary bean flour, vegetable oil, starch, salt, coriander powder, cumin powder, mango powder, ginger powder, chili powder, mace powder, nutmeg powder, mint leaf powder, and citric acid. Bikaneri Bhujia consists of tepary bean flour, gram pulse flour, vegetable oil, salt, chili powder, black pepper powder, ginger powder, clove powder, mace powder, nutmeg powder, and cardamom powder. Moong Dal consists of fried, split mung beans (green gram). The stated ingredients are split mung beans, vegetable oil, salt, coriander, cumin, ginger, black pepper, cloves, mace, nutmeg, chili powder, cardamom, pomegranate powder, and sal ammoniac powder. Corn Flakes Mixture, Navratan, and Kashmiri Mixture are spicy blends of disparate ingredients. Corn Flakes Mixture is a mix of cornflakes, potato sticks, cashew nuts, raisins, and sesame seeds. Navratan is a mixture of crisp, noodle-like strands, lentils, peanuts, puffed rice, and potato chips. Kashmiri Mixture contains mung beans, “noodles,” potato sticks, cashew nuts, and musk melon seeds.
The applicable subheading for the Aloo Bhujia and Bikaneri Bhujia will be 1905.90.9030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for bread, pastry, cakes, biscuits and other bakers’ wares…other…other…corn chips and similar crisp savory snack foods. The rate of duty will be 4.5 percent ad valorem.
The applicable subheading for the Moong Dal will be 2005.51.4040, HTSUS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid…beans (Vigna spp., Phaseolus spp.)…other…other. The rate of duty will be 2.1 cents per kilogram on the entire contents of the container.
The applicable subheading for the Navratan snack mix, if entered under quota, will be 2008.11.4500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included, nuts, peanuts (ground-nuts) and other seeds… peanuts (ground-nuts)… other… described in additional U.S. note 2 to chapter 12 and entered pursuant to its provisions. The rate of duty will be 6.6 cents per kilogram. If entered after the peanut quota has filled, the applicable subheading for the Navratan snack mix will be 2008.11.6000, HTSUS. The rate of duty will be 131.8 percent ad valorem. In addition, products classified in subheading 2008.11.6000, HTSUS, will be subject to additional safeguard duties based on their value, as described in subheadings 9904.12.01 – 9904.12.19.
The applicable subheading for the Kashmiri Mixture will be 2008.19.8500, HTSUS, which provides for fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included, nuts, peanuts (ground-nuts) and other seeds, whether or not mixed together…other, including mixtures…mixtures. The rate of duty will be 22.4 percent ad valorem.
The applicable subheading for the Corn Flakes Mixture will be 2008.92.1040, HTSUS, which provides for fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included…, including mixtures other than those of subheading 2008.19…mixtures…in airtight containers and not containing apricots, citrus fruits, peaches or pears…other. The rate of duty will be 5.6 percent ad valorem.
Goods classifiable under subheadings 1905.90.9030; 2005.51.4040, and 2008.11.4500, HTSUS, which are products of India, may be entitled to duty free treatment under the Generalized System of Preferences (GSP), upon compliance with all applicable regulations. The GSP, however, is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check the Customs Web site at www.customs.gov. At the Web site, click on "CEBB" and then search for the term "T-GSP".
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
National Commodity Specialist Division