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NY C82718




March 6, 1998

CLA-2-20:RR:NC:2:231 C82718

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.11.4500; 2008.11.6000

Ms. Brenda Wangel
The Janel Group of New York, Inc.
150-14 132nd Avenue
Jamaica, NY 11434

RE: The tariff classification of a mixture of rice crackers and peanuts from Japan.

Dear Ms. Wangel:

In your letter, dated December 15, 1997, you have requested a tariff classification ruling on behalf of your client, Daiei Trading Company, Inc., College Point, NY.

The merchandise, which is called, "Rice Cracker Snack," is a mixture of rice crackers and peanuts. The rice crackers are shiny golden brown in color; their length ranges from 15/16 inch to 1 1/16 inch, and their width ranges from 1/4 inch to 5/16 inch. The ingredients, by weight, are 36.3 percent peanuts, 26.5 percent potato starch, 17.2 percent rice, 14.4 percent rice flour, 4.1 percent soy sauce, 0.6 percent sugar, 0.43 percent monosodium glutamate (MSG), 0.1874 percent other additives, 0.064 percent salt, 0.045 percent caramel coloring, 0.043 percent paprika coloring, 0.0023 percent spices, and 0.0003 percent lecithin. The product is packed in an outer bag with six individual bags inside. The net weight is 9.87 ounces (280 grams).

The U.S. Customs Laboratory has performed analyses on the sample that you have provided. It has been determined that "Rice Cracker Snack" contains, by weight, 60.4 percent rice crackers and 39.6 percent peanuts; it contains, by volume (27 c), 68.7 percent rice crackers and 31.3 percent peanuts.

The applicable subheading for "Rice Cracker Snack," 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 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 these products 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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