CLA-2-20:OT:RR:NC:N5:228
Lucy Lu
SPI West Port, Inc.
377 Swift Avenue
South San Francisco, CA 94080
RE: The tariff classification of ready-to-eat snack mixes from Thailand
Dear Ms. Lu:
In your letter dated April 28, 2025, you requested a tariff classification ruling.
An ingredients breakdown, manufacturing flowchart, product specification sheets and a sample of the
products accompanied your inquiry. The samples were examined and discarded.
The subject merchandise is described as ready-to-eat snack mixes containing a blend of rice crackers and
vegetables. Examination of the samples reveals each sticky rice chip is round in shape, light and airy, while
consisting of a crunchy texture. The vegetables retain their natural shape, and similar to the sticky rice chips,
are light and airy, and have a crunchy texture.
The first ready-to-eat snack mix, “Mediterranean Mix with Sticky Rice Chips,” is said to contain
approximately 46 percent sticky rice chips (sticky rice, sugar, watermelon juice, and salt), 18 percent
eggplant, 16 percent onion, 4 percent sweet pepper, 4 percent zucchini, with the balance of the ingredients
consisting of Thai sweet chili seasoning (oregano, onion, garlic, pepper, sweet basil, and thyme), and rice
bran oil. The second ready-to-eat snack mix, “Brussels Sprouts with Sticky Rice Chips” is said to contain 45
percent sticky rice chips (sticky rice, sugar, watermelon juice, and salt), 43 percent brussels sprouts, with the
balance of ingredients consisting of Thai sweet chili seasoning (sugar, garlic, chili, paprika, pepper,
maltodextrin, and yeast extract), and rice bran oil.
The individual component of the sticky rice chips are said to be prepared by combining mochi rice, sugar,
watermelon juice and salt, mixing, then shaping via a mold which is then deep fried in oil until crispy. The
characteristic vegetables are cleaned, cut to small bite-sizes, weighed, then vacuum fried. This gentle frying
method is described as a process where the food is fried in oil under low pressure (vacuum conditions) which
helps to preserve the natural color, flavor and nutrients of the food. The sticky rice chips and vacuum fried
vegetables are mixed in large vats then seasoned with various spices, prior to packaging in 1.06 oz. aluminum
bags, which will be packed in 12-count corrugated cardboard shipping cartons, encompassing 144 cartons per
pallet.
Classification under the Harmonized Tariff Schedule of the United States is made in accordance with the
General Rules of Interpretation (GRI). GRI 1 provides that the classification of goods shall be determined
according to the terms of the headings of the tariff schedule and any relative section or chapter notes. In the
event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do
not otherwise require, the remaining GRI may then be applied in order.
The ready-to-eat snack mixes are composed of ingredients that, although mixed together, maintain their
original identities. Each ingredient remains complete and recognizable and is not subordinated into a new
product merely by the act of mixing with the other ingredients. As such, no one four-digit heading in the
Nomenclature provides for a mixture of sticky rice chips (2008), with prepared vegetable (2005) that are
packaged together for retail sale. Accordingly, the ready-to-eat snack mix cannot be classified in accordance
with GRI 1.
GRI 2 of the HTSUS is not applicable. GRI 3 provides, in pertinent part, the following: When, by application
of rule 2(b) or for any other reason, goods are, prima facie, classifiable under two or more headings,
classification shall be affected as follows: (a) The heading which provides the most specific description shall
be preferred to headings providing a more general description. However, when two or more headings each
refer to part only of the materials or substances contained in mixed or composite goods or to part only of the
items in a set put up for retail sale, those headings are to be regarded as equally specific in relation to those
goods, even if one of them gives a more complete or precise description of the goods. (b) Mixtures,
composite goods consisting of different materials or made up of different components, and goods put up in
sets for retail sale, which cannot be classified by reference to 3 (a), shall be classified as if they consisted of
the material or component which gives them their essential character, insofar as this criterion is applicable.
(c) When goods cannot be classified by reference to 3 (a) or 3 (b), they shall be classified under the heading
which occurs last in numerical order among those which equally merit consideration.
In the case of the ready-to-eat snack mixes at issue, since no ingredient imparts the essential character of the
mixture, in accordance with GRI 3(c), the classification would be provided from the item last in tariff, which
in this case are the sticky rice chips for both products, respectively.
The applicable subheading for the products, “Mediterranean Mix with Sticky Rice Chips,” and “Brussels
Sprouts with Sticky Rice Chips” will be 2008.99.9190, Harmonized Tariff Schedule of the United States
(HTSUS), which provides for which provides for other edible parts of plants, otherwise prepared or preserved
... other ... other. The general rate of duty will be 6 percent ad valorem.
Effective April 5, 2025, Executive Orders implemented “Reciprocal Tariffs.” All imported merchandise must
be reported with either the Chapter 99 provision under which the reciprocal tariff applies or one of the
Chapter 99 provisions covering exceptions to the reciprocal tariffs. At this time, products from all countries,
including Thailand, will be subject to an additional 10 percent ad valorem rate of duty. At the time of entry,
you must report the Chapter 99 heading applicable to your product classification, i.e. 9903.01.25, in addition
to subheading 2008.99.9190, HTSUS, listed above.
The tariffs and additional duties cited above are current as of this ruling’s issuance. 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 at https://hts.usitc.gov/.
The holding set forth above applies only to the specific factual situation and merchandise description as
identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations
(CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the
information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and
complete in every material respect. In the event that the facts are modified in any way, or if the goods do not
conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and
Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2.
Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic
verification by CBP.
This merchandise may be subject to the Federal Food, Drug, and Cosmetic Act and/or The Public Health
Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which are
administered by the U.S. Food and Drug Administration (FDA). Information on the Federal Food, Drug, and
Cosmetic Act, as well as The Bioterrorism Act, can be obtained by calling the FDA at 1-888-463-6332, or by
visiting their website at www.fda.gov.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection
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, please contact
National Import Specialist Timothy Petrulonis at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division