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NY F82910





February 11, 2000

CLA-2-19:RR:NC:2:231 F82910

CATEGORY: CLASSIFICATION

TARIFF NO.: 1905.90.1090; 2008.11.4500; 2008.11.6000; 2008.19.2500; 2008.19.4000; 2008.92.1040; 2008.92.9094

Mr. Ronen Malken
13757 Carmody Drive
Eden Prairie, MN 55347

RE: The tariff classification of honey baked pecans, sugared almonds, flavored and thinly coated peanuts, sesame coated peanuts, and a mixture of peanuts, sunflower seeds and raisins, from Israel.

Dear Mr. Malken:

In your letter, dated January 26, 2000, you requested a classification ruling.

The submitted samples are described thus:

Item 1 – “Honey Baked Pecans.” The ingredients are 73.5 percent pecans, 23 percent sugar, 2 percent honey, and 1.5 percent vegetable oil.

Item 2 - “Sugared Almonds.” The ingredients are 76 percent almonds, 23 percent sugar, and 1 percent essences.

Item 3 – “Coated Peanuts.” This product, said to contain 35 percent by weight of peanuts, consists of peanuts that are coated with a thin, hard shell made from flour (35 percent), sugar (18 percent), starch (9 percent), salt (1 percent), flavoring (1 percent), and glucose (1 percent).

Item 4 – “Sesame Coated Peanuts.” The ingredients are 35 percent peanuts and 8 percent sesame seeds. The product consists of peanuts that have been first coated with a starchy, inner coating and then coated again with a hard, outer coating (sesame seeds are embedded in the outer coating). A typical piece has a spheroid shape with a diameter of about 1.5 cm and a longitudinal axis of about 2 cm.

Item 5 – “Mediterranean Mix.” The ingredients are 25 percent peanuts, 16.5 percent sunflower seeds, and 7 percent raisins. The product is a snack mixture containing peanuts, peanuts coated with a hard, thin shell, and sunflower seeds that are coated with a hard, cracker-like shell. The product is also said to contain raisins, although there were none in the sample.

The applicable subheading for “Honey Baked Pecans” (item 1) will be 2008.19.2500, 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, other, including mixtures, pecans. The general rate of duty will be 9.9 cents per kilogram.

The applicable subheading for “Sugared Almonds” (item 2) will be 2008.19.4000, 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, other, including mixtures, almonds. The general rate of duty will be 32.6 cents per kilogram.

The applicable subheading for flavored and thinly coated peanuts (item 3), if entered under quota, will be 2008.11.4500, 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 general rate of duty will be 6.6 cents per kilogram.

The applicable subheading for flavored and thinly coated peanuts (item 3), 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 general rate of duty will be 131.8 percent ad valorem. In addition, products classified in subheading 2008.11.6000, HTS, that are not products of Israel, will be subject to safeguard duties based on their value, as described in subheadings 9904.12.019904.12.19, HTS.

The flavored and thinly coated peanuts, being wholly obtained or produced entirely in the territory of Israel, will meet the requirements of HTSUSA General Notes 8(a) and (b), and will therefore be entitled to a free rate of duty under the United States-Israel Free Trade Area Implementation Act of 1985 upon compliance with all applicable laws, regulations, and agreements. Upon compliance with all applicable laws, regulations, and agreements under the United States-Israel Free Trade Area, articles from Israel classifiable in subheading 2008.11.6000, HTS, are subject to the quota quantity restrictions listed in 9908.12.01, HTS, which limit the amount of peanuts to the quantitative limits specified in U.S. Note 6 to Subchapter VIII of Chapter 99. U.S. Note 6 to Subchapter VIII of Chapter 99 states that the aggregate quantity of peanuts that are eligible products of Israel entered under subheading 9908.12.01 during calendar year 2000 shall not exceed 113,000 kilograms.

The applicable subheading for “Sesame Coated Peanuts” (item 4) will be 1905.90.1090, HTS, which provides for bread, pastry, cakes, biscuits and other bakers’ waresotherbread, pastry, cakes, biscuits and similar baked productsotherother. The rate of duty will be free.

The applicable subheading for “Mediterranean Mix” (item 5), if in airtight containers, will be 2008.92.1040, 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, other, including mixtures other than those of subheading 2008.19, mixtures, in airtight containers and not containing apricots, citrus fruits, peaches or pears, other. The general rate of duty will be 5.6 percent ad valorem.

The applicable subheading for “Mediterranean Mix” (item 5), if not in airtight containers, will be 2008.92.9094, 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, other, including mixtures other than those of subheading 2008.19, mixtures, other, other, other. The general rate of duty will be 14.9 percent ad valorem.

Articles classifiable under subheadings 2008.11.4500, HTS, 2008.19.2500, HTS, 2008.19.4000, HTS, 2008.92.1040, HTS, or 2008.92.9094, HTS, which are products of Israel, are entitled to duty free treatment under the United States – Israel Free Trade Area upon compliance with all applicable regulations.

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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