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NY F82479




February 10, 2000

CLA-2-20:RR:NC:2:231 F82479

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.11.4500; 2008.11.6000

Mr. Yoshinori Narimoto
Nishimoto Trading Company, Limited
230 Moonachie Avenue
Moonachie, NJ 07074

RE: The tariff classification of a mixture of peanuts and rice crackers from Japan.

Dear Mr. Narimoto:

In your letter, dated January 27, 2000, you requested a classification ruling.

The merchandise is a snack product that consists of a mixture of peanuts and rice crackers. The ingredients are peanuts (40 percent maximum), rice, potato starch, soy sauce (comprised of wheat, soy beans, water, and salt), sugar, dried bonito extract, hydrolized vegetable protein, sorbitol, sea salt, natural coloring (caramel and paprika), and spices. Six small, plastic bags are packed in a larger, outer bag whose net weight is 260 grams.

The applicable subheading for the mixture of peanuts and rice crackers, 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 the mixture of peanuts and rice crackers, 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 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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