K89504 K8 Ruling Active

The tariff classification of snack pellets from Spain.

Issued October 6, 2004 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 2005.20.0070, 1901.90.9095

Headings: 2005, 1901

Product description

Ingredients breakdowns for three dehydrated pellet products were submitted with your letters. The Plain Veggie Crisp Pellets consist of 58 percent potato granules, 39 percent potato starch, 2.8 percent salt, and 0.20 percent turmeric. The Tomato Veggie Crisp Pellets consist of 46 percent potato starch, 41 percent potato flakes, 11 percent tomato starch, and 2 percent salt. The Spinach Veggie Crisp Pellets are made from 50 percent potato starch, 43 percent potato flakes and potato granules, 4 percent spinach starch, and 3 percent salt. The pellets will be used to manufacture flavored vegetable potato chips.

CBP rationale

The applicable subheading for the Tomato Veggie Crisp and Spinach Veggie Crisp snack pellets will be 1901.90.9095, Harmonized Tariff Schedule of the United States (HTYS), which provides for food preparations of flour, meal, starch or malt extract, not elsewhere specified or included…other…other…other. The applicable subheading for the Plain Veggie snack pellets will be 2005.20.0070, HTS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006, potatoes…other.

Full text

NY K89504 October 6, 2004 CLA-2-19:RR:NC:2:228 K89504 CATEGORY: Classification TARIFF NO.: 1901.90.9095, 2005.20.0070 Mr. Bob Somerville F.C. Gerlach & Co., Inc. 290 Central Avenue, Suite 105 Lawrence, NY 11559 RE: The tariff classification of snack pellets from Spain. Dear Mr. Somerville: In your letters dated August 3, 2004, and September 9, 2004, you requested a tariff classification ruling. Ingredients breakdowns for three dehydrated pellet products were submitted with your letters. The Plain Veggie Crisp Pellets consist of 58 percent potato granules, 39 percent potato starch, 2.8 percent salt, and 0.20 percent turmeric. The Tomato Veggie Crisp Pellets consist of 46 percent potato starch, 41 percent potato flakes, 11 percent tomato starch, and 2 percent salt. The Spinach Veggie Crisp Pellets are made from 50 percent potato starch, 43 percent potato flakes and potato granules, 4 percent spinach starch, and 3 percent salt. The pellets will be used to manufacture flavored vegetable potato chips. The applicable subheading for the Tomato Veggie Crisp and Spinach Veggie Crisp snack pellets will be 1901.90.9095, Harmonized Tariff Schedule of the United States (HTYS), 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. The applicable subheading for the Plain Veggie snack pellets will be 2005.20.0070, HTS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006, potatoes…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, National Commodity Specialist Division

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