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NY 813014



August 2, 1995

CLA-2-20:S:N:N7:231 813014

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.11.4500; 2008.11.6000

Mr. Robert Feitel
Worldsnax, LLC
1001 26th Street NW, Apt. 603
Washington, DC 20037

RE: The tariff classification of peanuts from the Netherlands.

Dear Mr. Feitel:

In your letter, dated July 26, 1995, you have requested a tariff classification ruling.

An examination of the sample submitted, "Tiger Nuts," indicates that the products are thinly coated peanuts. There are five variations of the item, and each has a slight difference in spice/flavoring ingredients. The products are described thus:

1. Mexicano Tiger Nuts - The ingredients are peanuts, starch, modified starch, vegetable oil, hydrogenated vegetable oil, salt, sugar, flavoring, hydrolyzed vegetable protein, spices, garlic powder, onion powder, vegetable juice, and caramel color.

2. Pizza-Tomato Tiger Nuts - The ingredients are peanuts, rice flour, modified starch, vegetable oil, hydrogenated vegetable oil, starch, sugar, flavoring, salt, vegetable juice, hydrolyzed vegetable protein, and flavor enhancers.

3. Bacon-Cheese Tiger Nuts - The ingredients are peanuts, rice flour, modified starch, vegetable oil, hydrogenated vegetable oil, starch, sugar, flavoring, salt, flavor enhancer, vegetable juice, and spices.

4. Chili Tiger Nuts - The ingredients are peanuts, starch, modified starch, vegetable oil, hydrogenated vegetable oil, flavoring, salt, sugar, hydrolyzed vegetable protein, and spices.

5. Bros. Tiger Nuts - The ingredients are peanuts, starch, vegetable oil, hydrogenated vegetable oil, salt, sugar, modified starch, hydrolyzed vegetable protein, wheat flour, egg powder, flavoring, spices, dried vegetables, vegetable juice, onion extract, and flavor enhancers.

The applicable subheading for the "Mexicano Tiger nuts," "Pizza-Tomato Tiger Nuts," "Bacon-Cheese Tiger Nuts," "Chili Tiger Nuts," and "Bros. Tiger Nuts," 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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