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NY 864040




June 24,1991

CLA-2-20:S:N:N1:231 864040

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.11.0060/9904.20.20; 2008.19.10.40; 2008.19.8500; 2008.92.1000; 2008.92.9090

Ms. Donna M. Root
CRC Imports, Inc.
225 E Grand River
Suite 105
Brighton, MI 48116

RE: The tariff classification of assorted "APARTE" snack mixes from Nigeria

Dear Ms. Root:

In your letter dated May 22, 1991 you requested a tariff classification ruling.

The five varieties in question are as follows:

1) Pizza-flavored peanuts (peanuts, natural flavor, starch, salt, glucose syrup and sodium glutamate) 3.57 ounces per box.

2) Mixed pizza-flavored peanuts and satay onion- flavored cashews (peanuts, cashews, natural flavors, starch, salt, glucose syrup and sodium glutamate) 2.68 net ounces per box.

3) Mixed caramel-flavored peanuts and vanilla-flavored cashews (peanuts, cashews, sugar, starch, natural flavors and glucose syrup) 2.68 ounces per box .

4) Mixed pineapples, papayas, coconuts and banana- flavored cashews, packaged in two separate bags (DEHYDRATED FRUITS: pineapple, papaya, coconut, sugar, citric acid, natural flavors and preservative:E220, DRY-ROASTED CASHEWS: cashews, sugar, starch, natural flavor and glucose syrup) 2.68 ounces per box .

5) Mixed pineapples, papayas, bananas and coconut- flavored cashews, packaged in two separate bags (DEHYDRATED FRUITS: pineapple, papaya, banana, sugar, citric acid, vegetable oil, natural flavor and preservative:E220, DRY- ROASTED CASHEWS: cashews, sugar, starch, natural flavor and glucose syrup) 2.68 ounces per box .

The applicable subheading for the Pizza-flavored peanuts will be 2008.11.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for fruits, 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: peanuts (ground- nuts), other. The rate of duty will be 6.6 cents per kilogram.

In addition, peanuts are subject to quota limitations of 775,189 kilos in any 12-month period beginning August 1 in any year as set forth in subheading 9904.20.20, Harmonized Tariff Schedule of the United States.

The applicable subheading for the Mixed pizza-flavored peanuts and satay onion-flavored cashews and the Mixed caramel flavored peanuts and vanilla-flavored cashews will be 2008.19.8500, HTSUSA, which provides for fruits, 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: other, including mixtures: mixtures. The rate of duty will be 28 percent ad valorem.

The applicable for the banana flavored cashews and the coconut flavored cashews will be 2008.19.2040, HTSUSA, which provides for fruits, nuts and other parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included: other, including mixtures: brazil nuts and cashews: cashews. The rate of duty will be free.

The applicable subheading for the Mixed dehydrated pineapples, papayas and coconuts and the Mixed dehydrated pineapples, papayas and bananas when packed in airtight containers will be 2008.92.1000, HTSUSA, which provides for fruits, 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: other, including mixtures other than those of subheading 2008.19. The rate of duty will be 7 percent ad valorem. If these mixtures are not in airtight containers they are classifiable in 2008.92.9090, HTSUSA, with duty at the rate of 17.5 percent ad valorem.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (19 CFR Part 134). The samples you have submitted do not appear to properly be marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

There are also other agencies whose rules and regulations may impact upon the importation of these snack mixes. Information regarding applicable regulations administrated by the U.S. Food and Drug Administration may be located at:

U.S. Food and Drug Administration
Division of Regulatory Guidance
HFF 314, 200 C Street, S.W.
Washington, D.C. 20204

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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