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NY F82091




January 21, 2000

CLA-2-20:RR:NC:2:231 F82091

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.11.4500; 2008.11.6000

Mr. Dilip Desai
Alcon Distributors, Inc.
75 Worthington Access Drive, Suite 118
Maryland Heights, MO 63043

RE: The tariff classification of roasted and salted peanuts from South Africa.

Dear Mr. Desai:

In your letter, which is undated and received in this office on January 19, 2000, you requested a classification ruling.

The merchandise is comprised of shelled, skinless, roasted and salted peanuts that have been cooked in vegetable oil. The ingredients are peanuts, salt, vegetable oil, and antioxidant. The product is available in 55 gram, 200 gram, and 500 gram retail packages made of cellophane. The peanuts are grown, harvested, processed, and packaged for retail in South Africa.

The applicable subheading for roasted and salted peanuts, if entered under quota, 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.

The applicable subheading for roasted and salted peanuts, if entered outside the quota, will be 2008.11.6000, 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 rate of duty will be 131.8 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 C.F.R. 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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