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NY 812645



August 2, 1995

CLA-2-20:S:N:N7:231 812645

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.11.4500; 2008.11.6000

Mr. Dan Siriraks
Eastland Food Corporation
9475 Gerwig Lane
Columbia, MD 21046

RE: The tariff classification of peanuts from Thailand.

Dear Mr. Siriraks:

In your letter, dated July 10, 1995, you have requested a tariff classification ruling.

An examination of the sample submitted, "Peanuts in Coconut Milk - Koh- Kae Brand," indicates that the products are thinly coated peanuts. The ingredients are 50 percent peanuts, 27 percent wheat flour, 10 percent sugar, 5 percent salt, 5 percent vegetable oil, and 3 percent coconut milk.

The applicable subheading for "Peanuts in Coconut Milk - Koh-Kae Brand," if imported in quantities that fall within the limits described in additional U.S. note 2 to chapter 12, will be 2008.11.4500, Harmonized Tariff Schedule of the United States (HTS), 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, peanuts (ground-nuts), other, described in additional U.S. note 2 to chapter 12 and entered pursuant to its provisions. The rate of duty will be 6.6 cents per kilogram. If the quantitative limits of additional U.S. note 2 to chapter 12 have been reached, the product will be classified in subheading 2008.11.6000, HTS, and will be dutiable at 151.1 percent ad valorem. In addition, products classified in subheading 2008.11.6000, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.12.01 - 9904.12.19, HTS.

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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