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NY I88280




November 14, 2002

CLA-2-20:RR:NC:2:231 I88280

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.11.4500; 2008.11.6000

Mr. Soehono Hokiarto
2342 Hampstead Avenue, #2
Richmond, VA 23230

RE: The tariff classification of salted or roasted peanuts from Indonesia.

Dear Mr. Hokiarto:

In your letter, which is undated and received in this office on November 8, 2002, you requested a tariff classification ruling.

Photographs that you have submitted with your inquiry indicate that the merchandise is comprised of flavored and thinly coated, salted or roasted peanut products. These products will be packaged for retail sale in colored, plastic bags, and contain the following ingredients:

“Garuda” brand “Flour Coated Peanuts – Garlic.” The ingredients are tapioca flour, peanuts, palm oil, sugar, salt, and garlic. “Garuda” brand “Flour Coated Peanuts – Hot Chili.” The ingredients are tapioca flour, peanuts, palm oil, sugar, salt, chili, garlic, and FD and CI yellow #6. “Garuda” brand “Roasted Peanuts.” The ingredients are groundnuts and salt. “Garuda” brand “Roasted Peanuts – Garlic.” The ingredients are groundnuts, garlic flavoring, sugar, and salt. “Garuda” brand three kernel, roasted peanuts. The ingredients are groundnuts and salt.

The applicable subheading for flavored and roasted peanuts (items 3, 4, and 5), 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 roasted peanuts (items 3, 4, and 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 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

With respect to items 1 and 2, Garlic flavored and Hot Chili flavored coated peanuts, additional information is needed in order to issue a ruling. Please submit samples of each of these items. Also, please include, with your request, a statement that there are, to your knowledge, no issues on the commodity pending before the Customs Service or any court. Also include a statement as to whether classification advice has been sought from a Customs officer; and if so, from whom, and what advice was rendered, if any. Finally, you may wish to note the attached NY Ruling letter I81674, dated May 24, 2002, on two similar or identical “Garuda” brand products

When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. If you have any questions regarding the above, contact National Import Specialist Thomas P. Brady at 646-733-3030.

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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