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NY I89801




January 21, 2003

CLA-2-20:RR:NC:2:231 I89801

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.11.4500; 2008.11.6000; 2008.19.8500

Mr. R. Trace Garrett
Associated Merchandising Corporation
500 Seventh Avenue
New York, NY 10018

RE: The tariff classification of mixtures of nuts, and flavored and thinly coated, roasted peanuts, from Malaysia.

Dear Mr. Garrett:

In your letter, dated January 3, 2003, you requested a tariff classification ruling.

The samples are being returned as you have requested.

The merchandise is described thus:

“Cris” brand “Mix Nuts.” An examination of the sample indicates that the mixture consists of coated, dried peas, coated peanuts, cashew nuts, and light, crispy, baked, rectangular pieces (measuring 5/8 inch by ¼ inch by ¼ inch). The ingredients are wheat flour, green peas, peanuts, cashews, vegetable oil (palm oil), sugar, seasoning, salt, and coloring. The net weight is 90 grams. “Cris” brand “Cuttlefish Flavored Peanuts.” An examination of the sample indicates that the merchandise is comprised of flavored and thinly coated, roasted, individual peanuts. The ingredients are peanuts, modified food starch, wheat flour, cuttlefish flavoring, seasoning, and coloring. The net weight is 100 grams. “Cris” brand “Chicken Flavored Peanuts.” An examination of the sample indicates that the merchandise is comprised of flavored and thinly coated, roasted, individual peanuts. The ingredients are peanuts, modified food starch, wheat flour, chicken flavoring, seasoning, and coloring. The net weight is 100 grams.

The applicable subheading for the “Mix Nuts” (item 1) 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 mater 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 rate of duty will be 22.4 percent ad valorem.

The applicable subheading for “Cuttlefish Flavored Peanuts” and “Chicken Flavored Peanuts” (items 2 and 3), 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 these products (items 2 and 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.

All of these products are regulated by the U.S. Food and Drug Administration. Questions regarding applicable regulations or other requirements of that Agency may be addressed, as follows:

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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