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NY J83151




April 29, 2003

CLA-2-20:RR:NC:2:231 J83151

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.11.4500; 2008.11.6000

Mr. Rodney Ralston
UPS Supply Chain Solutions
One Trans-Border Drive
Champlain, NY 12919

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

Dear Mr. Ralston:

In your letter, dated April 2, 2003, you requested a tariff classification and marking ruling on behalf of your client, NaturSource, Inc., St-Laurent, Québec.

The sample of “Maple Praline Peanuts” is being returned as you have requested.

An examination of the sample, a plastic bag of “Maple Praline Peanuts,” found this product to consist of flavored and thinly coated, dry roasted, individual peanuts. The ingredients are dry roasted peanuts, sugar, maple syrup, and natural flavoring.

The applicable subheading for these flavored and thinly coated, dry roasted peanuts, 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 general rate of duty will be 6.6 cents per kilogram.

The applicable subheading, if entered after the peanut quota has filled, 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 general 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.

This ruling is being issued only on “Maple Praline Peanuts.” In your letter you have also requested a classification and marking ruling on “Oriental Garden” and “BBQ Playtime” snack mixes. The classification of the “Oriental Garden” and “BBQ Playtime” mixes is being referred for a response, under file number J83905, to the Office of Regulations and Rulings, U.S. Customs Service Headquarters, 1300 Pennsylvania Avenue, N.W., Washington D.C. 20229. A ruling will be issued to you from that office.

Your inquiry does not provide enough information for us to give a country of origin marking ruling on “Maple Praline Peanuts.” Your request for a marking ruling should specifically describe the condition of the non-Canadian peanuts, as imported into Canada, prior to their manufacture into “Maple Praline Peanuts.” Please indicate the country(tries) in which the peanuts were shelled, blanched, roasted and/or otherwise processed. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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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