CLA-2-19:OT:RR:NC:N2:228
Sheyun Hong
NSI GROUP LLC
17031 Ventura Blvd.
Encino, CA 91316
RE: The tariff classification of a snack food from Spain
Dear Mr. Hong:
In your letter dated November 23, 2022, you requested a tariff classification ruling.
An ingredients breakdown, a description of the manufacturing process, a manufacturing flowchart, specification sheets, and samples of five products accompanied your inquiry. The samples were examined and discarded.
The subject merchandise, “Airnuts,” is described as a brown, beige, or orange hemispherical baked snack food that will be imported in five flavors – 1) peanut; 2) garlic, onion, and cheese; 3) chili peanut; 4) pistachio almond; and 5) almond. Examination of the samples reveals each “Airnut” is light and airy, has a hollow and porous appearance and consists of a crunchy texture. Each “Airnut” is said to measure approximately 1 inch in length, 1 inch in width, and ¾ of an inch in thickness.
The peanut variety is said to contain 83 percent peanut, 14 percent rice flour and 2 percent sea salt. The garlic, onion and cheese variety is said to contain 83 percent peanut, 11 percent rice flour, 5 percent flavor (onion powder, yeast extract powder, cheese powder, whey powder, garlic powder, black pepper, citric acid, natural flavoring) and trace amounts of sea salt. The chili peanut variety is said to contain 83 percent peanut, 11 percent rice flour, 5 percent flavor (yeast, dried spices onion, garlic, cumin, cayenne, red paprika and oleoresin paprika) and trace amounts of sea salt. The pistachio almond variety is said to contain 63 percent peeled pistachio, 20 percent almond, 17 percent rice flour and trace amounts of sea salt.
The almond variety is said to contain 83 percent almond, 17 percent rice flour and trace amounts sea salt.
The “Airnuts” are said to be prepared by first mixing the water, salt, and rice flour together to create a dough. The dough is then lightly cooked, cooled and then mixed with nut flour and flavorings, poured into molds, subsequent to being baked in an oven. The “Airnuts” will be imported in bulk, and will be repackaged domestically for retail sale.
The applicable subheading for the “Airnuts” 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 general rate of duty will be 4.5 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 the World Wide Web at https://hts.usitc.gov/current. 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 Timothy Petrulonis at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division