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NY I80136




April 11, 2002

CLA-2-18:RR:NC:SP:232 I80136

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.90.9011; 2008.11.4500; 2008.11.6000; 2008.19.8500

Mr. Solan James
Ken Lehat & Associates Inc.
145 Hook Creek Blvd., Building C1G
Valley Stream, NY 11581

RE: The tariff classification of various nut products from Canada

Dear Mr. James:

In your letter dated April 2, 2002, on behalf of Shah Trading, Canada, you requested a tariff classification ruling.

Samples were included with your request. The subject merchandise consists of three products: chocolate peanuts, oriental mix nuts, and butter peanuts/beer nuts. The chocolate peanuts are stated to contain chocolate, sugar, cocoa, butter, chocolate liquor, whole milk powder, soy lecithin, and vanillin. The oriental mix nuts contains peanuts, filberts, almonds, pistachios, pumpkin seeds, chick peas, wheat flour, citric acid, corn starch and artificial color. The butter peanuts/beer nuts are coated with a thin sweet shell. They contain soya lecithin, artificial color, peanuts, fine sugar, icing sugar, glucose, honey, hydrogenated vegetable oil (canola) and arabic gum.

The applicable subheading for the chocolate peanuts will be 1806.90.9011, Harmonized Tariff Schedule of the United States (HTS), which provides for Chocolate and other food preparations containing cocoaotherotherotherconfectionery: containing peanuts or peanut products.. The general rate of duty will be 6 percent ad valorem.

The applicable subheading for the butter peanuts/beer nuts if imported in quantities that fall within the limits described in additional U.S. note 2 to chapter 12, 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 general rate of duty will be 6.6 cents per kilogram. If the quantitative limits of additional U.S. note 2 to chapter 12 have been reached, the product will be classified in subheading 2008.11.6000, HTS, and will be dutiable at 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 oriental mix nuts will be 2008.19.8500, 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, other, including mixtures, mixtures. The general rate of duty will be 22.4 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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 John Maria at 646-733-3031.

Sincerely,

Robert B. Swierupski
Director,

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