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NY I89162




December 24, 2002

CLA-2-20:RR:NC:2:231 I89162

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.11.4500; 2008.11.6000

Ms. Julie Lai
Walong Marketing, Inc.
6281 Regio Avenue
Buena Park, CA 90620-1042

RE: The tariff classification of peanut soup from China.

Dear Ms. Lai:

In your letter, dated December 18, 2002, you requested a tariff classification ruling.

The merchandise is comprised of Taisun® brand peanut soup. The ingredients are, primarily, water (about 71.25 percent), peanuts (about 18.75 percent), and sugar (about 10 percent), with a very small quantity of sodium cyclamate and flavors. The peanut soup is packed in a metal can with a pull-top lid. The can has a plastic cover that conceals a small, folded, plastic spoon. The net weight is 320 grams.

The applicable subheading for peanut soup, 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 peanut soup, 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 this product 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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