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NY 818326



January 31, 1996

CLA-2-20:RR:NC:FC:231 818326

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.11.4500; 2008.11.6000

Ms. Carol Hagyard
A.N. Deringer, Inc.
1010 Niagara Street
Buffalo, NY 14213

RE: The tariff classification of peanut products from Canada.

Dear Ms. Hagyard:

In your letter, dated January 18, 1996, you have requested a tariff classification ruling on behalf of your client, John Vince Foods, Downsview, Ontario.

The merchandise is comprised of five peanut products. They are described thus:

1) honey roasted peanuts

2) salted peanuts

3) sea salted, dry roasted peanuts

4) unsalted, dry roasted peanuts

5) hot, dry roasted peanuts

The peanuts are grown in the United States and processed in Canada (shelled, seasoned, and roasted). They will be shipped either in retail containers or in bulk for retail sale.

The applicable subheading for the peanuts, 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 general 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 147.3 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.

Questions on quota restrictions should be addressed to:

Mr. Charles Hatcher
USDA/FFA/TPD/AG Code 0514
PO Box 2415
Washington, DC 20013-2415

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Ralph Conte at (212) 466-5759.

Sincerely,

Roger J. Silvestri
Director

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