The tariff classification of a snack mix from Thailand

N090482 January 21, 2010 CLA-2-20:OT:RR:NC:2:228 CATEGORY: Classification TARIFF NO.: 2008.92.1040; 2008.92.9094 Mr. Ole Skaaning Ken Hamanaka Co., Inc. 5777 West Century Blvd. Los Angeles, CA 90045 RE: The tariff classification of a snack mix from Thailand Dear Mr. Skaaning: In your letters dated December 3, 2009 and January 7, 2010, on behalf of Heritage International, USA, Inc., Torrance, CA, you requested a tariff classification ruling. Images of the product accompanied your first letter. Mixed Cashew Hibiscus is a snack mix consisting of 70 percent roasted cashew nuts and 30 percent dried, chopped, and sweetened hibiscus flowers. The mixture will be put up for retail sale in heat-sealed plastic film pouches containing one pound (454 grams), net weight. In your second letter, you suggested the mix may be classified in either subheading 2008.19.1040, or 2008.19.8500, Harmonized Tariff Schedule of the United States (HTSUS), the provisions for prepared cashews or other mixtures of prepared nuts, peanuts, and other seeds. Neither subheading will apply. A mixture of ingredients such as this will be classified elsewhere. The applicable subheading for this snack mix, when in an airtight container, will be 2008.92.1040, HTSUS, which provides for fruit, nuts and other edible parts of plants, otherwise prepared or preserved…other, 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 When the container is not airtight, the applicable subheading will be 2008.92.9094, HTSUS, which provides for fruit, nuts and other edible parts of plants, otherwise prepared or preserved…other, including mixtures other than those of subheading 2008.19…mixtures… other…other. 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 National Commodity Specialist Division