CLA-2-20:OT:RR:NC:2:228
Ms. Diana Espinoza
Barcel S.A. de C.V.
Carretera Mexico-Toluca Km. 54
Lerma, Estado de Mexico, MX 52000
RE: The tariff classification of a snack mix from Mexico
Dear Ms. Espinoza:
In a letter dated April 27, 2010, and an undated letter received by this office on May 19, 2010, you requested a tariff classification ruling.
The two unmarked samples submitted with your second letter were examined and disposed of. Mix Futbolero is a snack mix said to contain toreadas natural (35 percent), takis fuego (35 percent), and chicharrones (30 percent). Toreadas are potato chips made from sliced potatoes, fried in palm oil, and seasoned with salt. Takis fuegos are chile flavored, fried, puffed corn snacks made from corn mass flour, water, palm oil, and seasoning. Chicharrones are chile flavored, fried, puffed snacks made of wheat flour, water, palm oil, seasoning, salt, and sodium bicarbonate. The three components will be mixed together and packaged in 80 gram bags for retail sale.
The applicable subheading for the Mix Futbolero will be 2005.20.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006…potatoes…potato chips. 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 telephone number (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