May 24, 2006 CBP Bulletin Notice on Snack Mixes
In the May 24, 2006 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 40, No. 22), CBP issued a notice proposing to modify two classification rulings and revoke one classification ruling on snack mixes. CBP states that it is also proposing to revoke any treatment it has previously accorded to substantially identical transactions.
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CBP states that any party who has received an interpretive ruling or decision on merchandise subject to these notices, and/or any person involved in substantially identical transactions should advise CBP by June 23, 2006, the date that written comments on the proposed rulings are due. Furthermore, CBP states that an importer's failure to advise CBP of such rulings, decisions, or substantially identical transactions may raise issues of reasonable care on the part of the importer or its agent for importations subsequent to the effective date of the final decision in this notice.
CBP also states that this notice covers any rulings on the subject merchandise that may exist but have not been specifically identified.
Proposed Modification or Revocation of Three Classification Rulings
Snack mixes. The snack mixes at issue are the "Oriental Garden 2 Mix," the Mediterranean Mix, the Vindaloo Mix, and the Bombay Mix. Each of the snack mixes consist of a variety of ingredients and mixtures. (See CBP's notice for further description of the individual items at issue.)
CBP is proposing to issue HQ 966111 in order to modify NY I82449 and reclassify the "Oriental Garden 2 Mix" under HTS 2008.11 as peanuts (ground nuts), rather than under 2106.90.9998 as food preparations not elsewhere specified or included.
In addition, CBP is proposing to issue HQ 967691 and HQ 967692 in order to modify and revoke, NY F82910 and NY 869842, respectively, because CBP has determined that the NY rulings are in error. However, due to a lack of information relative to the ingredients breakdown and method of preparation for each component, the precise classification for the Mediterranean Mix, Vindaloo Mix, and the Bombay Mix cannot be given. CBP notes that once the importers submit new requests with the required information, the correct classification can be given.
CBP has made the following findings in its proposed rulings on the subject snack mixes, which are summarized below:
Oriental Garden 2 Mix. According to CBP, the food preparations of HTS heading 2106 are generally considered to be mixtures of food ingredients to be used in or with other foods. CBP contends that the pretzels, peanuts, green peas, fried noodles, sesame sticks and Cajun corn although mixed together in the Oriental Garden 2 Mix, maintain their original identity and will be marketed as such. As a result, CBP finds that the Oriental Garden 2 Mix cannot be classified in HTS 2106. Instead, based on General Rules of Interpretation (GRI) 3(c), CBP finds that the subject snack mix should be classified according to the heading that occurs last in numerical order-HTS heading 2008-because none of the articles in the snack mix give the mixture its essential character.
Mediterranean Mix. With respect to the Mediterranean Mix, CBP states that this snack mix consists of a mixture of peanuts, coated peanuts, coated sunflower seeds and raisins. The Explanatory Notes (EN's) to HTS 2008 provide in relevant part that the heading covers fruit, nuts and other edible parts of plants, whether whole, in pieces or crushed, including mixtures thereof, prepared or preserved otherwise than by any of the processes specified in other chapters. CBP states that the raisins have not been prepared or preserved; therefore, the raisins in the Mediterranean Mix do not meet the terms of HTS 2008.
Vindaloo Mix and Bombay Mix. With respect to these two snack mixes, like the Oriental Garden 2 Mix, CBP states that these snack mixes cannot be classified in HTS 2106 because the final product remains a mixture of several ingredients that maintain their original identity. Therefore, by application of GRI 3(c), the Vindaloo Mix and Bombay Mix should be classified in the heading which occurs last in numerical order.
CBP notes that the applicable subheading would be either HTS 2008.00.4500, which provides for other peanuts (ground-nuts) described in Additional U.S. Note (AUSN) 2 to Chapter 12 and entered pursuant to its provisions, or if the quantitative limits of AUSN 2 to Chapter 12 have been reached, the product would be classified in HTS 2008.11.6000, which provides for other peanuts (ground-nuts) and would be subject to additional duties based on the products' value as described in HTS 9904.12.01-9904.12.19.
proposed: HTS 2008.11.4500, 6.6/kg, or 2008.11.6000, 131.8% (Oriental Garden 2 Mix); current: 2106.90.9998, 6.4% (Oriental Garden 2 Mix), 2008.92.9094, 14.9% (Mediterranean Mix), 2106.60.9000 (1992), 10% (Vindaloo and Bombay Mixes).
May 24, 2006 CBP Bulletin (Vol. 40, No. 22) available athttp://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2006/vol40_05242006_no22/