The tariff classification of snack pellets from Italy

N041299 October 24, 2008 CLA-2-19:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 1901.90.9095 Ms. Monika Munro Profreight Brokers, Inc. 34A Brunswick Avenue Edison, NJ 08817 RE: The tariff classification of snack pellets from Italy Dear Ms. Munro: In your letters dated September 9, 2008, and October 8, 2008, on behalf of KLB Enterprise, Inc., Greensboro, NC, you requested a tariff classification ruling. A picture was forwarded with your first letter. A complete ingredients breakdown, by weight, a description of the manufacturing process, and a sample were submitted with your second letter. The sample was examined and disposed of. 3D Slit Sun Soy (LC834XSI), are tan-colored, dry, oval-shaped, perforated, snack pellets measuring approximately 7/8-inch long and 3/4-inch wide. The pellets consist of 55-65 percent potato starch, 30-35 percent soy isolate, 8-10 percent potato fiber, 1.5 percent potassium chloride, 1.1 percent sea salt, and 1 percent canola oil. The pellets will be imported in 11-kg bags, in boxes. After importation, the pellets will be baked, seasoned, and sold as a snack food. The applicable subheading for the snack pellets will be 1901.90.9095, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations of flour, groats, meal, starch or malt extract…not elsewhere specified or included…other…other…other. The rate of duty will be 6.4 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 National Commodity Specialist Division