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NY B84150




April 17, 1997

CLA-2-23:RR:NC:2:231 B84150

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 of peanut oilcake from Argentina.

Dear Mr. Benado:

In your letter, dated April 4, 1997, you have requested a tariff classification ruling.

The product, "Peanut Oilcake," is comprised of pressed oilcake. During the manufacturing process, peanuts are cleaned, deshelled, dehulled, and heated, either in a roasting oven or by roasting in peanut oil. Afterwards the roasted peanuts are pressed and more than 75 percent of the oil is removed. This process results in peanut oil and press-cake. The press-cake may be subjected to grinding, pelletization, extrusion/expansion, or a clump-breaking operation.

The Peanut Oilcake will contain 8-16 percent oil. It will be in the form of pellets (1/8 to 1/4 inch) or powder. The color will be pale yellow to deep red, depending on the variety feedstock and heat treatment.

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

The applicable tariff provision for the "Peanut Oilcake" 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 rate of duty will be 0.51 cents per kilogram.

Articles classifiable under subheading 2305.00.0000, HTS, which are products of Argentina, are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. 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,

Gwenn Klein Kirschner
Chief, Special Products Branch

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