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September 1, 1999

CLA-2-20:RR:NC:2:231 E85619

CATEGORY: CLASSIFICATION

TARIFF NO.: 1202.20.4040; 1202.20.8040

Mr. Ted Kennedy
CERCO Cereal Byproducts Company
55 East Euclid Avenue, Suite 410
P.O. Box 575
Mount Prospect, IL 60056

RE: The tariff classification of shelled peanuts from Argentina.

Dear Mr. Kennedy:

In your letter, dated August 10, 1999, you have requested a tariff classification ruling.

The merchandise is birdseed grade or oilstock (shelled) peanuts. They will be used for birdseed or wildlife feed, and they will be marked "For Wildlife Feed Only" on each bag or tote box.

The applicable subheading for shelled peanuts, if imported in quantities that fall within the limits described in additional U.S. note 2 to chapter 12, will be 1202.20.4040, Harmonized Tariff Schedule of the United States (HTS), which provides for peanuts (ground-nuts), not roasted or otherwise cooked, whether or not shelled or broken, shelled, whether or not broken, 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 1202.20.8040, HTS, and will be dutiable at 135.7 percent ad valorem. In addition, products classified in subheading 1202.20.8040, 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 the National Import Specialist at (212) 637-7064.

Sincerely,

Robert B. Swierupski
Director

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See also:

• Tariff No.: 1202.20.40 - Peanuts (ground-nuts), not roasted or cooked, shelled, subject to add. US note 2 to Ch.12
• Tariff No.: 1202.20.80 - Peanuts (ground-nuts), not roasted or cooked, shelled, not subject to gen note 15 or add. US note 2 to Ch.12
• Tariff No.: 9904.12.01 - Peanuts, in shell, in 1202.10.80, entered in value safeguard period, under $0.05/kg
• Tariff No.: 9904.12.19 - Peanuts, other, in 1202.20.80, 2008.11.35 & 2008.11.60, entered in quantity safeguard period