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NY G81459

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September 20, 2000

CLA-2-08:RR:NC:2:231 G81459

CATEGORY: CLASSIFICATION

TARIFF NO.: 0801.32.0000; 1806.90.9011; 2008.11.4500; 2008.11.6000; 2008.19.1040

Mr. Michael Steinbaecher
Steinbaecher Associates, Inc.
7 Vanderbilt Drive
P.O. Box 575
Brownstown, PA 17508

RE: The tariff classification of flavored and coated peanuts, coated peanuts, and chocolate coated peanuts from the Netherlands, and shelled, raw cashews and roasted cashews from Brazil.

Dear Mr. Steinbaecher:

In your letter, dated September 6, 2000, you requested a classification ruling.

The merchandise is described thus:
flavored and coated peanuts (“Chilli Nuts”), and coated peanuts – An examination of the five submitted samples indicates that the merchandise is comprised of either coated peanuts or chili flavored and coated peanuts (“Chilli Nuts”). The product is a peanut that has been coated with wheat starch and rice. “Chilli Nuts” contain peanuts, starch, vegetable oil, hydrogenated vegetable oil, salt, flavoring, sugar, modified starch, spices, and hydrolyzed vegetable protein. The net weight is 150 grams. The country of origin is the Netherlands. chocolate coated peanuts - An examination of the submitted sample indicates that the product is a peanut that has been coated with wheat starch and rice and then coated with chocolate. The country of origin is the Netherlands. shelled, raw cashews (no sample) – The country of origin is Brazil. roasted cashews (no sample) - The country of origin is Brazil.

The applicable subheading for flavored and coated peanuts (“Chilli Nuts”) and coated peanuts (item 1), 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 flavored and coated peanuts (“Chilli Nuts”) and coated peanuts (item 1), 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.

The applicable subheading for chocolate coated peanuts (item 2) will be 1806.90.9011, HTS, which provides for chocolate and other food preparations containing cocoa, other, other, other, other, other, confectionery, containing peanuts or peanut products. The rate of duty will be 6 percent ad valorem.

The applicable subheading for shelled, raw cashews (item 3) will be 0801. 32.0000, HTS, which provides for coconuts, Brazil nuts and cashew nuts, fresh or dried, whether or not shelled or peeled, cashew nuts, shelled. The rate of duty will be free.

The applicable subheading for roasted cashews (item 4) will be 2008.19.1040, 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, nuts, peanuts (ground-nuts) and other seeds, whether or not mixed together, other, including mixtures, Brazil nuts and cashews, cashews. The rate of duty will be free.

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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See also:

• Tariff No.: 0801.32.00 - Cashew nuts, fresh or dried, shelled
• Tariff No.: 1806.90.90 - Chocolate and preps w/cocoa, nesoi, not put up for retail sale
• Tariff No.: 2008.11.45 - Peanuts, otherwise prepared or preserved, nesoi, subject to add. US note 2 to chap. 12, not GN15
• Tariff No.: 2008.11.60 - Peanuts, otherwise prepared or preserved, nesoi, not subject to gen note 15 or add US note 2 to Ch. 12
• Tariff No.: 2008.19.10 - Brazil nuts and cashew nuts, otherwise prepared or preserved, nesi
• 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