N036705

September 25, 2008

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

CATEGORY: Classification

TARIFF NO.: 1905.90.9030; 2005.51.4040; 2008.11.4500; 2008.11.6000;
2008.19.8500; 2008.92.1040

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]{.underline} spp.,
[Phaseolus]{.underline} 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