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September 14, 1999

CLA-2-20:RR:NC:2:231 E85506

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.11.4500; 2008.11.6000

Ms. Mary Leon
Pacific Golden Coast Trading, Inc.
212 Yacht Club Way A12
Redondo Beach, CA 90277

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

Dear Ms. Leon:

In your letter, which is undated and received in this office on August 4, 1999, you have requested a tariff classification ruling.

An examination of the submitted sample, "Peanut Crackers," indicates that the merchandise is comprised of coated individual peanuts. "Red Peanut Crackers" ("Takao" or dark red) contain groundnuts, rice flour (kanbai), wheat flour, waxy starch, starch, sugar, seasoning liquid, salt, and leavening (comprised of anminia and sodium bicarbonate). "Brown Peanut Crackers" ("Ranzan" or brown) contain groundnuts, rice flour (kanbai), wheat flour, waxy starch, starch, sugar, seasoning liquid, sea laver, salt, and leavening (anminia and sodium bicarbonate).

The applicable subheading for these coated peanuts, 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 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 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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