In ruling NY N318253 (May 28, 2021), Customs and Border Protection (CBP) discussed the classification of five varieties of trail mixes from Slovenia. The five trail mixes – which were “Black Pepper Mix,” “Crunch Mix,” “Crispy and Salty Mix,” “Marathon Mix,” and “Crunch Mix” – consisted of a blend of fruits, nuts, and other edible parts of a plant in different sized packaging.
The products’ ingredient breakdown is as follows:
| Black Pepper Mix – 2.1 oz (59 gram) bags packed 50 pieces per case | |
| Ingredient | Percentage |
| Oil-Roasted and Seasoned Peanuts | 60% |
| Oil-Roasted and Seasoned Cashews | 40% |
| Crunchy Mix – 2.1 oz (59 gram) bags packed 50 pieces per case | |
| Ingredient | Percentage |
| Oil-Roasted and Salted Peanuts | 40% |
| Roasted and Salted Corn | 25% |
| Oil-Roasted and Salted Almonds | 20% |
| Crispy Dried Cranberries | 15% |
| Crispy and Salted Mix – 2.1 oz (59 gram) bags packed 50 pieces per case | |
| Ingredient | Percentage |
| Oil-Roasted and Salted Peanuts | 40% |
| Pretzel Balls | 20% |
| Oven-Roasted and Salted Pecans | 15% |
| Oil-Roasted and Salted Cashews | 15% |
| Oven-Roasted Pumpkin Seeds | 10% |
| Marathon Mix – 14 oz (400 gram) bags packed 12 pieces per case | |
| Ingredient | Percentage |
| Raisins | 30% |
| Roasted and Salted Sunflower Kernels | 20% |
| Roasted and Salted Peanuts | 20% |
| Chocolate Raisins | 15% |
| Roasted and Salted Cashews | 15% |
| Crunch Mix – 14 oz (400 gram) bags packed 12 pieces per case | |
| Ingredient | Percentage |
| Raisins | 40% |
| Oven-Roasted Almonds | 10% |
| Shelled, Raw Cashews | 10% |
| Shelled, Raw Hazelnuts | 10% |
| Oven-Roasted Pumpkin Seeds | 10% |
| Pecans | 10% |
| Oil-Roasted Peanuts | 10% |
CBP determined that the subheading for “Black Pepper Mix” is 2008.19.8500, HSUS, 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 . . . other, including mixtures . . . mixtures.” The general rate of duty is 22.4 percent ad valorem.
Additionally, the applicable subheading for “Crunchy Mix” is 2008.93.0000, HTSUS, which provides for “fruit … otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included … other, including mixtures other than those of subheading 2008.19 … cranberries (Vaccinium macrocarpon, Vaccinium oxycoccos, Vaccinium vitis-idaea).” The general rate of duty is 4.5% ad valorem.
Finally, CBP determined that the applicable subheading for “Crispy and Salty Mix,” “Marathon Mix,” and “Crunch Mix” is 2008.19.9090, HTSUS, which provides for “fruit, nuts and other edible parts of plants, otherwise prepared or preserved … nuts, peanuts (ground-nuts) and other seeds … other … other …other … other.” The general rate of duty for these three products is 17.9% ad valorem.