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January 14, 1999

CLA-2-20:RR:NC:2:231 D86195

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.11.6000

Ms. Sarita Sarad
Southco Commodities, Inc.
6175 Barfield Road, Suite 240
Atlanta, GA 30328

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

Dear Ms. Sarad:

In your letter, dated December 15, 1998, you requested a ruling on the status of thinly coated peanuts from Mexico under the NAFTA, on behalf of your client, Martin Cubero S.A. de C.V., Col. Pantitlan, Mexico.

An examination of the samples indicates that the merchandise is comprised of thinly coated individual peanuts. In your correspondence you indicate that peanuts of Mexican origin will be manufactured in Mexico. The merchandise is described thus:

1. "Cheese and Chili" - The ingredients are peanuts, modified corn starch, wheat flour, palmolein, vegetable oil, sugar, rice flour, salt, baking powder, natural and artificial flavoring, monosodium glutamate, and artificial coloring. The net weight is 50 grams.

2. "Bacon and Cheese" - The ingredients are peanuts, modified corn starch, wheat flour, palmolein, vegetable oil, sugar, rice flour, salt, baking powder, natural and artificial flavoring, monosodium glutamate, and artificial coloring. The net weight is 50 grams.

3. "Cheddar Cheese" - The ingredients are peanuts, modified corn starch, wheat flour, palmolein, vegetable oil, sugar, rice flour, salt, baking powder, natural and artificial flavoring, monosodium glutamate, chili powder, and artificial coloring. The net weight is 50 grams.

4. "Cream and Spices" - The ingredients are peanuts, modified corn starch, wheat flour, palmolein, vegetable oil, sugar, rice flour, salt, baking powder, natural and artificial flavoring, monosodium glutamate, and spices. The net weight is 50 grams.

5. "Chili" - The ingredients are peanuts, modified corn starch, wheat flour, palmolein, vegetable oil, sugar, rice flour, salt, chili powder, citric acid, spices, baking powder, monosodium glutamate, artificial coloring, and paprika. The net weight is 20 grams.

The applicable subheading for "Cheese and Chili," "Bacon and Cheese," "Cheddar Cheese," "Cream and Spices," and "Chili" will be will be 2008.11.6000, 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, other. The general rate of duty will be 135.7 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.

The thinly coated peanuts, 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. Upon compliance with all applicable laws, regulations, and agreements under NAFTA, articles from Mexico classifiable in subheading 2008.11.6000, HTS, are subject to the quota quantity restrictions listed in 9906.20.03, HTS, which limit the amount of peanuts to the quantitative limits specified in U.S. Note 16 to Subchapter VI of Chapter 99. The rate of duty will be free.

Alternately, articles valued not over 65.2 cents per kilogram are classifiable in subheading 9906.20.04, HTS. The rate of duty will be 68.3 cents per kilogram.

Otherwise, articles valued over 65.2 cents per kilogram are classifiable in subheading 9906.20.05, HTS. The rate of duty will be 104.6 percent ad valorem.

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 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,

Robert B. Swierupski
Director

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