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NY C82294




December 11, 1997

CLA-2-20:RR:NC:2:231 C82294

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.11.4500; 2008.11.6000

Mr. Henry Liu
Evergreen Produce, Inc.
1607 85th Avenue NE
Bellevue, WA 98004

RE: The tariff classification of thinly coated peanuts from Japan.

Dear Mr. Liu:

In your letter, dated November 17, 1997, you have requested a tariff classification ruling.

The merchandise is described thus:

1. Item 1197002. Sesame Nuts. An examination of the sample indicates that the merchandise is comprised of thinly coated individual peanuts. The ingredients are peanuts, white sesame seeds, wheat flour, corn starch, sugar, rice flour, starch, salt, corn syrup, ammonium bicarbonate, sodium bicarbonate, and seaweed.

2. Item 1197004. Onoroke. An examination of the sample indicates that the merchandise is comprised of thinly coated individual peanuts. The ingredients are peanuts, wheat flour, corn starch, rice flour, sugar, starch, corn syrup, anthocyanin (E-163), salt, caramel (E-150), seaweed, ammonium bicarbonate, and sodium bicarbonate.

3. Item 1197005. Osaka. An examination of the sample indicates that the merchandise is comprised of thinly coated individual peanuts. The ingredients are peanuts, wheat flour, corn starch, rice flour, sugar, starch, corn syrup, caramel (E-150), salt, anthocyanin (E-163), seaweed, ammonium bicarbonate, sodium bicarbonate, and paprika (E-160c).

4. Item 1197007. Peanut Crisp. An examination of the sample indicates that the merchandise is comprised of thinly coated individual peanuts. The ingredients are peanuts, wheat flour, corn starch, sugar, starch, salt, corn syrup, seaweed, ammonium bicarbonate, sodium bicarbonate, chlorophyll (E-140), paprika (E-160c), and curry powder. The applicable subheading for the thinly coated peanuts that are called, "Sesame Nuts" (Item 1197002), "Onoroke" (Item 1197004), "Osaka" (Item 1197005), and "Peanut Crisp" (Item 1197007), 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 143.4 percent ad valorem. In 1998 the rate of duty will be 139.5 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,

Robert B. Swierupski
Director

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