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NY E82323





June 1, 1999

CLA-2-20:RR:NC:2:231 E82323

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.11.4500; 2008.11.6000

Ms. Ann Billek
Planters Company
Division of Nabisco Foods Group
200 DeForest Avenue
P.O. Box 1944
East Hanover, NJ 07936-1944

RE: The tariff classification of flavored and coated peanuts from the Netherlands.

Dear Ms. Billek:

In your letter, dated May 11, 1999, you have requested a tariff classification ruling.

An examination of the three submitted samples indicates that the merchandise is comprised of coated individual peanuts. During the manufacturing process, peanuts are coated in a rice based batter, baked, and seasoned with salt or other flavoring. The coating comprises 50-60 percent of the product. The merchandise is described thus:

1. Paprika flavored coated peanuts - The ingredients are peanuts, flour, vegetable oil, starch, salt, spices, flavoring, sugar, egg powder, dried vegetables, flavor enhancer, dextrose, yeast, and coloring. The sample is packed in a blue, retail plastic bag. The net weight is 150 grams.

2. Bacon with cheese flavored coated peanuts - The ingredients are peanuts, rice flour, vegetable oil, starch, modified starch, sugar, flavoring, salt, flavor enhancer, vegetable juice, and spices. The sample is packed in a green and yellow, retail plastic bag. The net weight is 200 grams.

3. "Chili Nuts" are chili flavored coated peanuts. The ingredients are peanuts, starch, vegetable oil, hydrogenated vegetable oil, salt, flavoring, sugar, modified starch, spices, and hydrolyzed vegetable protein. The sample is packed in a yellow and red, retail plastic bag. The net weight is 150 grams.

The applicable subheading for paprika flavored coated peanuts (item #1), bacon with cheese flavored coated peanuts (item #2), and "Chili Nuts" (item #3), 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 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.

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 20204

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 Thomas Brady at (212) 637-7064.

Sincerely,

Robert B. Swierupski
Director

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