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NY 855660





August 31, 1990

CLA-2-08:S:N:N1:231-855660

CATEGORY: CLASSIFICATION

TARIFF NO.: 0802.90.9010

Mr. Charles H. Davis
Davis Elliott International, Inc.
801 Arch Street
Philadelphia, PA 19107

RE: The tariff classification of shelled macadamia nuts from Guatemala.

Dear Mr. Davis:

In your letter dated August 21, 1990, you requested a tariff classification ruling.

Your query concerns the classification of shelled macadamia nuts (90 percent class II, 10 percent bits) which will be imported and sold to nut wholesalers and processors for resale through nut retailers and in prepared foods such as ice cream, cookies, etc.

The applicable subheading for the nuts will be 0802.90.9010, Harmonized Tariff Schedule of the United States (HTS), which provides for other nuts, fresh or dried, whether or not shelled or peeled...other...other...shelled ...macadamia nuts. The duty rate will be 11 cents per kilogram.

Articles classifiable under subheading 0802.90.9010, HTS, which are products of Guatemala are entitled to duty free treatment under the Caribbean Basin Economic Recovery Act (CBERA) upon compliance with all applicable regulations.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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