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NY 892683




December 22, 1993

CLA-2-23:S:N:N7:231 892683

CATEGORY: CLASSIFICATION

TARIFF NO.: 2308.90.8080

Ms. Rhonda C. Favret
A. N. Deringer Inc.
RD #1 Box W432
Alexandria Bay, N.Y. 13607

RE: The tariff classification of peanut hearts from Canada.

Dear Ms. Favret:

In your letter dated November 12, 1993, on behalf of Lockwood Nutrition Service, Newton, MA, you requested a tariff classification ruling.

The product, roasted peanut hearts, are described as the "germ" of the peanut which has been separated during the manufacturing of peanut butter. The peanut hearts are to be used as an ingredient in bird feed.

The applicable subheading for the peanut hearts will be 2308.90.8080, Harmonized Tariff Schedule of the United States (HTS), which provides for vegetable materials and vegetable waste, vegetable residues and byproducts, whether or not in the form of pellets, of a kind used in animal feeding, not elsewhere specified or included: other: other: other. The rate of duty will be 3 percent ad valorem.

Goods classifiable under subheading 2308.90.8080, HTS, which have originated in the territory of Canada, and are imported on or prior to December 31, 1993, will be entitled to a free rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations. Effective January 1, 1994, with the implementation of the North American Free Agreement (NAFTA), preferential tariff treatment for goods under the FTA will be discontinued.

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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