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NY G84347

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November 30, 2000

CLA-2-17:RR:NC:2:231 G84347

CATEGORY: CLASSIFICATION

TARIFF NO.: 1704.90.3520; 1704.90.3550; 1806.90.9011; 2008.11.4500; 2008.11.6000; 2008.19.2000; 2008.19.3020; 2008.19.4000; 2008.19.9090; 4911.91.4040; 9503.49.0025

Mr. Allan Sutton
Sweet Import and Export, Inc.
2761 NW 82nd Avenue
Miami, FL 33122

RE: The tariff classification of snack and confectionery products from Spain.

Dear Mr. Sutton:

In your letter, dated November 8, 2000, you requested a classification ruling.

The submitted samples have the following composition:

Almonds. The ingredients are roasted almonds and salt; packed in pull-top metal cans; the net weight is 40 grams; the brand is “Frusol.” Pistachio nuts. The ingredients are roasted and salted pistachio nuts; packed in pull-top metal cans; the net weight is 43 grams; the brand is “Frusol.” Hazelnuts. The ingredients are “natural roast” hazelnuts; packed in pull-top metal cans; the net weight is 40 grams; the brand is “Frusol.” Dried fruit cocktail. The ingredients are peanuts, almonds and corn kernels that have been roasted in vegetable oil and sea salt, hazelnuts (“natural roast”), and seedless sultanas; packed in pull-top metal cans; the net weight is 50 grams; the brand is “Frusol.” Salted peanuts. The ingredients are peanuts, vegetable oil, and salt; packed in pull-top metal cans; the net weight is 55 grams; the brand is “Frusol.” “Corn Giant Salted.” The ingredients are corn, vegetable oil, and salt; packed in pull-top metal cans; the net weight is 35 grams; the brand is “Frusol.” “Sugar Almonds.” The ingredients are almonds, peanuts, and sugar; packed in pull-top metal cans; the net weight is 40 grams; the brand is “Frusol.” Peeled, roasted, and salted sunflower seeds. The ingredients are sunflower seeds, vegetable oil, and salt; packed in pull-top metal cans; the net weight is 55 grams; the brand is “Frusol.” Chocolate coated peanuts. The ingredients are peanuts, cocoa mass, sugar, cocoa butter, corn syrup, vegetable fat, milk solids, emulsifier (lecithin E-322), and artificial flavoring (vanillin); packed in pull-top metal cans; the net weight is 60 grams; the brand is “Frusol.” “Jelly” (jelly beans). The sample tin contains flavored jelly beans and a yellow, plastic capsule. Inside the capsule there is a toy (a small, yellow, plastic monster head), a small monster sticker (measuring 1 ½ square inch) with an adhesive back, and a printed warning (measuring 1 5/16 inch by 5 5/8 inches) that advises, “The toy is not suitable for children under 5 years. Contains small parts.” The jelly beans contain corn syrup, sugar, water, gelatin, modified starch, acidulant (citric acid), flavoring, and coloring (E-102, E-110, E-122, and E-142); packed in pull-top metal cans; the net weight is 33 grams; the brand is “Frusol.” Flavored licorice. The ingredients are wheat flour, sugar, glucose syrup, dextrose, starch, vegetable fat, E-417, gelatin, acidulant (citric acid), coloring (E-104, E-101, E-129, E-122, E-131, and E-150d), flavoring, and carnauba wax; packed in pull-top metal cans; the net weight is 50 grams; the brand is “Frusol.” “Jellied Fruit” (jellied candy). The ingredients are corn syrup, sugar, water, gelatin, modified starch, acidulant (citric acid), flavoring, and coloring (E-102, E-110, E-122, and E-142); packed in pull-top metal cans; the net weight is 60 grams; the brand is “Frusol.” Olives stuffed with anchovies. The ingredients are green manzanilla olives, water, salt, anchovies, citric acid, flavor enhancer (sodium glutamate E-621), stabilizer (sodium alginate E-401), and antioxidant (ascorbic acid E-300); pasteurized; packed in pull-top metal cans; the net weight is 120 grams; the brand is “Frusol.”

The merchandise will be sold to wholesalers, retailers, food distributors, and hotels.

The applicable subheading for roasted and salted almonds (item 1) will be 2008.19.4000, 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, almonds. The rate of duty will be 32.6 cents per kilogram.

The applicable subheading for roasted and salted pistachio nuts (item 2) will be 2008.19.3020, 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, pignolia and pistachios, pistachios. The rate of duty will be 1 cent per kilogram.

The applicable subheading for “natural roast” hazelnuts (item 3) will be 2008.19.2000, (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, filberts. The rate of duty will be 11.3 cents per kilogram.

The applicable subheading for salted peanuts (item 5), 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 rate of duty will be 6.6 cents per kilogram.

The applicable subheading for salted peanuts (item 5), 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 safeguard duties based on their value, as described in subheadings 9904.12.01 – 9904.12.19, HTS.

The applicable subheading for peeled, roasted, and salted sunflower seeds (item 8) will be 2008.19.9090, (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, other, including mixtures, other, other. The rate of duty will be 17.9 percent ad valorem.

The applicable subheading for chocolate coated peanuts (item 9) 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.

Jelly beans (item 10) consists of flavored jelly beans packaged with a plastic monster head and an adhesive monster head sticker. The applicable subheading for the jelly beans will be 1704.90.3550, HTS, which provides for sugar confectionery (including white chocolate), not containing cocoa, other, confections or sweetmeats ready for consumption, other, other, put up for retail sale, other. The rate of duty will be 5.6 percent ad valorem. The applicable subheading for the toy (small, plastic, yellow monster head, item 10) will be 9503.49.0025, HTS, which provides for other toys; reduced-size (“scale”) models and similar recreational models, working or not; puzzles of all kinds; parts and accessories thereof, toys representing animals or non-human creatures (for example, robots and monsters) and parts and accessories thereof, other, toys. The rate of duty will be free. The applicable subheading for the monster head sticker (item 10) will be 4911.91.4040, HTS, which provides for other printed matter, including printed pictures and photographs, other, pictures, designs and photographs, printed not over 20 years at time of importation, other, other, other. The rate of duty will be 1.2 percent ad valorem

The applicable subheading for the flavored licorice (item 11) and jellied candy (item 12) will be 1704.90.3550, HTS, which provides for sugar confectionery (including white chocolate), not containing cocoa, other, confections or sweetmeats ready for consumption, other, other, put up for retail sale, other. The rate of duty will be 5.6 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the dried fruit cocktail (item 4), “Corn Giant Salted” (item 6), “Sugar Almonds” (item 7), and the olives stuffed with anchovies (item 13). Your request for a classification ruling should include the following information.

RE: the dried fruit cocktail (item 4)

The submitted sample contained four primary components: peanuts, almonds, corn kernels (all roasted and salted), and raisins. All components were present in significant quantities, although the peanuts appeared to predominate by weight. Corn kernels are not listed as an ingredient in the letter or on the sample label.

Please provide a component breakdown (percent by weight) for this product. Identify the corn kernels botanically – provide the complete botanical name of the corn, indicating the genus, species, and variety/cultivar.

RE: “Corn Giant Salted” (item 6)

Please provide the complete botanical name for the corn, identifying all of the following: the genus, species, and variety/cultivar.

RE: “Sugar Almonds” (item 7)

This item appears to consist of peanuts coated with a sugar shell containing crushed almonds. The product is, essentially, a coated peanut.

Please submit a component breakdown, identifying each constituent ingredient (percent by weight basis). Provide a description of how these ingredients are processed in making the final product.

RE: the olives stuffed with anchovies (item 13)

Please submit a weight breakdown for the stuffed olives, showing the relative weight of the olive and the anchovy components (percent by weight basis).

These products may be subject to regulations administered by the Food and Drug Administration. For further information, you may contact that agency at the following address:

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.: 1704.90.35 - Sugar confections or sweetmeats ready for consumption, not containing cocoa, other than candied nuts or cough drops
• 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.: 2008.19.20 - Filberts, otherwise prepared or preserved, nesi
• Tariff No.: 2008.19.30 - Pignolia and pistachio nuts, otherwise prepared or preserved, nesi
• Tariff No.: 2008.19.40 - Almonds, otherwise prepared or preserved, nesi
• Tariff No.: 2008.19.90 - Other nuts and seeds nesi, excluding mixtures, otherwise prepared or preserved, nesi
• Tariff No.: 4911.91.40 - Pictures, designs and photographs, excluding lithographs on paper or paperboard, printed not over 20 years at time of importation
• Tariff No.: 9503.49.00 - Toys representing animals or non-human creatures, not stuffed and parts and accessories thereof
• 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