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NY I86432




October 3, 2002

CLA-2-20:RR:NC:2:231 I86432

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.11.4500; 2008.11.6000

Mr. Melchor Lazo II
Dominion International, Inc.
121 West Tazewell Street
Norfolk, VA 23510

RE: The tariff classification of flavored and thinly coated, roasted peanuts from Argentina.

Dear Mr. Lazo:

In your letter, dated September 13, 2002, you requested a tariff classification ruling on behalf of your client, Lorenzati Ruetschy CIA SA (JL SA), Cordoba, Argentina.

The merchandise is described thus:

“Cracker Coated Peanuts.” An examination of the sample indicates that the merchandise is comprised of flavored and thinly coated, roasted, individual peanuts. The ingredients are peanuts, wheat flour, cornstarch, sugar, salt, and flavoring. The product is available in the following four flavors: “Barbecue,” “Nacho Cheese,” “Pizza,” and “Ham Cheese.” During the manufacturing process, peanuts are cleaned, electronically sorted to remove foreign matter, roasted, coated with a blend of flours, flavored, and baked. The product is bulk packed in 15 kilogram cases. “Candy Peanuts” (“Garrapiñada”). An examination of the sample indicates that the merchandise is comprised of flavored and thinly coated, roasted, individual peanuts. The ingredients are peanuts and sugar. During the manufacturing process, peanuts are cleaned, electronically sorted to remove foreign matter, roasted, coated with sugar, and roasted. The product is bulk packed in 20 kilogram cases.

The applicable subheading for flavored and thinly coated, roasted peanuts (items 1 and 2), 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 thinly coated, roasted peanuts (items 1 and 2), 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 safeguard duties based on their value, as described in subheadings 9904.12.01 – 9904.12.19.

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 Import Operations and Policy
5600 Fishers Lane
Rockville, MD 20857

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 (646) 733-3030.

Sincerely,

Robert B. Swierupski
Director

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