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NY 810834



April 7, 1995

CLA-2-20:S:N:N7:231 810834

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.11.4500; 2008.11.6000

Mr. Mark S. Davies
Tower Group International, Inc.
128 Dearborn Street
Buffalo, New York 14207-3198

RE: The tariff classification of Chipnuts from Canada.

Dear Mr. Davies:

In your letter dated May 22, 1995, on behalf of Picard Peanuts Ltd., you requested a tariff classification ruling.

An examination of the sample submitted indicates that they are thinly coated individual peanuts. The ingredients are listed as follows: raw peanuts, dehydrated potato, modified potato starch, rice flour, maltodextrin, tapioca starch, peanut oil and salt. The package size is 3 ounces. The peanuts will be of Chinese origin.

The applicable subheading for the Chipnuts, 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 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 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. You request also seeks information with regard to U.S.-grown peanuts shipped to Canada where they will be prepared in the same manner as described above and returned to the U.S..

According to the U.S. Department of Agriculture, these products, which are made in Canada from U.S. grown peanuts and imported into the U.S., are not subject to the peanut quota. However, these products may be subject to marketing quota penalties pursuant to 7 CFR 1446.115 if they are "contract additional" or "loan additional" peanuts. If you have any additional questions regarding quota or marketing quota penalties, contact the U.S. Department of Agriculture, Agriculture Stabilization and Conservation System, Tobacco and Peanut Division, Room 5750-South Building, P.O. Box 2415, Washington, D.C. 20013.

The applicable subheading for the Chipnuts (U.S.-Grown peanuts) will be 2008.11.4500, 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 kilo.

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
New York Seaport

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