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NY I87829




October 30, 2002

CLA-2-20:RR:NC:2:231 I87829

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.11.2500; 2008.11.3500; 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 blanched, shelled peanuts, roasted peanuts, and roasted, granulated peanuts from Argentina.

Dear Mr. Lazo:

In your letter, dated October 16, 2002, you requested a tariff classification ruling on behalf of your client, Niza SA, Buenos Aires, Argentina.

The merchandise is described thus:
blanched, shelled peanuts roasted peanuts roasted, granulated peanuts

The applicable subheading for blanched, shelled peanuts (item 1), if entered under quota, will be 2008.11.2500, 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), blanched peanuts, 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 blanched, shelled peanuts (item 1), if entered outside the quota, will be 2008.11.3500, 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), blanched peanuts, other. The rate of duty will be 131.8 percent ad valorem. In addition, products classified in subheading 2008.11.3500, HTS, will be subject to additional safeguard duties based on their value, as described in subheadings 9904.12.01 – 9904.12.19.

The applicable subheading for roasted peanuts (item 2) and roasted, granulated peanuts (item 3), 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 roasted peanuts (item 2) and roasted, granulated peanuts (item 3), 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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