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NY A84907



June 25, 1996

CLA-2-20:RR:NC:FC:231 A84907

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.11.4500; 2008.11.6000

Mr. Bob Somerville
F.C. Gerlach and Company, Inc.
290 Central Avenue, Suite 105
Lawrence, NY 11559

RE: The tariff classification of peanuts packed in syrup from Taiwan.

Dear Mr. Somerville:

In your letter, dated June 17, 1996, you have requested a tariff classification ruling on behalf of your client, Good World Trading Co.

The product is "Chiao Kuo Peanuts with Soup (Drink)." The ingredients are water, peanuts, and sugar, packed 11.6 fluid ounces per can.

The applicable subheading for "Chiao Kuo Peanuts with Soup (Drink)," 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 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.

Additional requirements may be imposed on this product by the Food and Drug Administration. You may contact the FDA at:

Food and Drug Administration
Division of Regulatory Guidance
200 C Street, S.W.
Washington, DC 200204

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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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