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.

 

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Photo of Frances P. Hadfield Frances P. Hadfield

Frances P. Hadfield is a counsel in Crowell & Moring’s International Trade Group in the firm’s New York office. Her practice focuses on forced labor and withhold release orders (WRO), import regulatory compliance, and customs litigation. She regularly advises corporations on matters involving…

Frances P. Hadfield is a counsel in Crowell & Moring’s International Trade Group in the firm’s New York office. Her practice focuses on forced labor and withhold release orders (WRO), import regulatory compliance, and customs litigation. She regularly advises corporations on matters involving customs compliance, audits, customs enforcement, as well as import penalties.

Frances represents clients before the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit, as well as in proceedings at the administrative level. She advises corporations on both substantive federal and state regulatory issues that involve U.S. Customs and Border Protection, the Federal Trade Commission, Food and Drug Administration, and U.S. Fish & Wildlife in matters pertaining to product admissibility, audits, classification, import restrictions, investigations, marking, licenses, origin, penalties, and tariff preference programs.

Photo of Martín Yerovi Martín Yerovi

Martín Yerovi is an international trade analyst in Crowell & Moring’s Washington, D.C. office. He provides practice support to the International Trade Group on import regulatory matters pending before the Office of the U.S. Trade Representative (USTR) and U.S. Customs and Border Protection…

Martín Yerovi is an international trade analyst in Crowell & Moring’s Washington, D.C. office. He provides practice support to the International Trade Group on import regulatory matters pending before the Office of the U.S. Trade Representative (USTR) and U.S. Customs and Border Protection (CBP). He works closely with attorneys developing courses of action for clients impacted by investigations under Section 301 of the Trade Act of 1974 and Section 232 of the Trade Expansion Act of 1962. He also supports unfair trade investigations, including antidumping (AD) and countervailing duty (CVD) investigations, sunset reviews, and changed circumstance reviews before the Department of Commerce and the International Trade Commission (ITC).