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NY H85138




August 23, 2001

CLA-2-20:RR:NC:2:231 H85138

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.11.0500; 2008.11.1500

Mr. Kenneth Behr
Ferrara International Logistics, Inc.
460 Hillside Avenue
Hillside, NJ 07205

RE: The tariff classification of peanut paste from Nigeria.

Dear Mr. Behr:

In your letter, dated August 17, 2001, you requested a classification ruling on behalf of your client, Royal African American Nutritional Products, Brooklyn, NY.

The merchandise is comprised of 100 percent peanut paste. It will be manufactured in Nigeria from peanuts of Nigerian, and perhaps, Ghanaian origin. The chief peanut type will be the Spanish Runner. It will be packed in poly-lined super sacks or 500 pound drums.

The applicable subheading for peanut paste, if entered under quota, will be 2008.11.0500, 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), peanut butter and paste, described in additional U.S. note 5 to chapter 20 and entered pursuant to its provisions. The rate of duty will be free.

The applicable subheading for peanut paste, if entered outside the quota, will be 2008.11.1500, 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), peanut butter and paste, other. The rate of duty will be 131.8 percent ad valorem. In addition, products classified in subheading 2008.11.1500, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.20.01 – 9904.20.10, 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
Waterview Corp. Cntr.
10 Waterview Boulevard, 3rd Floor
Parsippany, NJ 07054

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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