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NY B80520



January 7, 1997

CLA-2-23:RR:NC:FC:231 B80520

CATEGORY: CLASSIFICATION

TARIFF NO.: 2305.00.0000

Mr. Adam Benado
Comet Rice Ingredients Company
P.O. Box 1055
Freeport, TX 77541

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA) of peanut meal from Mexico; Article 509

Dear Mr. Benado:

In your letter dated December 11, 1996, you have requested a ruling on the status of peanut meal from Mexico under the NAFTA.

Peanut meal is an end product of a peanut extraction process. During the manufacturing of peanut meal, peanuts are cleaned, deshelled, dehulled, and heated, either in a roasting oven or by roasting in peanut oil. Afterwards the roasted peanuts are subjected to solvent extraction to remove the oil. The solvent is comprised of a mixture of propane, butane, and isobutane. Some peanuts crack, break up, or explode during pressurization, extraction, depressurization, and the degassing steps. The process produces a mixture of fine dust, pieces, broken peanuts, halves, and whole pieces. This end product is called, "peanut meal," and is has an oil content less than 10 percent.

The peanut meal will contain less than 10 percent fat. It will be a mixture of whole pieces, splits, broken granules, small pieces, and meal. The color will range from a creamy/light yellow to a brown/golden or reddish color, depending on the raw material and the processing conditions that are performed.

The factory is located in Mexico. The peanuts to be processed will be grown in Mexico.

The applicable tariff provision for the peanut meal will be 2305.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of peanut (ground-nut) oil. The general rate of duty will be 0.51 cents per kilogram.

The peanut meal, being wholly obtained or produced entirely in the territory of Mexico, will meet the requirements of HTSUSA General Note 12(b)(i), and will therefore be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 CFR 181).

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

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,

Gwenn Klein Kirschner
Chief, Special Products Branch

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