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NY J87031




August 12, 2003

CLA-2-19:RR:NC:2:231 J87031

CATEGORY: CLASSIFICATION

TARIFF NO.: 1905.90.9030; 2008.11.4500; 2008.11.6000

Mr. Stephan Schenk
LWS Risk Control Corporation
3048 Orange Street
Miami, FL 33133

RE: The tariff classification of snack foods and flavored and thinly coated, roasted peanuts from Germany.

Dear Mr. Schenk:

In your letter, dated July 30, 2003, you requested a tariff classification ruling.

The merchandise is described thus:

1. “Nic Nacs” original, coated peanuts. An examination of the sample indicates that the merchandise is comprised of flavored and thinly coated, roasted, individual peanuts. The ingredients are 49 percent peanut kernels, vegetable fat, corn starch, wheat flour, flavoring, sugar, maltodextrin, salt, hydrogenated vegetable fat, modified starch, dried egg white, raising agents (sodium hydrogen carbonate and disodium diphosphate), and flavor enhancer (monosodium glutamate). The net weight is 125 grams.

2. “Nic Nacs” hot and spicy coated peanuts. An examination of the sample indicates that the merchandise is comprised of flavored and thinly coated, roasted, individual peanuts. The ingredients are 49 percent peanut kernels, vegetable fat, corn starch, wheat flour, flavoring, sugar, maltodextrin, salt, hydrogenated vegetable fat, modified starch, dried egg white, raising agents (sodium hydrogen carbonate and disodium diphosphate), and flavor enhancer (monosodium glutamate). The net weight is 125 grams.

3. “Curly Peanut Classic” is a peanut flavored, puffed corn snack, in the form of pellets measuring 1 ½ inches in length and ½ inch in width, with curled ends. The ingredients are 59 percent corn grits, 30 percent peanuts, vegetable fat (palm), salt, hydrogenated vegetable fat (palm), spices, and flavor enhancer (monosodium glutamate). During the manufacturing process, a paste comprised of corn grits and water is extruded (a process in which the product becomes puffed), sliced, cooled, dried, roasted, seasoned, and packed in bags, and then in cartons. The net weight is 150 grams.

4. “Curly Peanut Italian Style” is a puffed and roasted corn snack, with peanuts and seasoning (tomato-herbs), in the form of pellets measuring 1 ½ inch in length and ½ inch in width, and with curled ends. The ingredients are corn grits, peanuts (28 percent), vegetable fat, salt, hydrogenated vegetable fat, vegetable powder (tomato and onion powder), flavoring, flavor enhancer (monosodium glutamate), acidity regulator (E262), and herbs. During the manufacturing process, a paste comprised of corn grits and water is extruded, sliced, cooled, dried, roasted, seasoned, and packed in bags, and then in cartons. The net weight is 150 grams.

The applicable subheading for “Nic Nacs” original and “Nic Nacs” hot and spicy coated 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 rate of duty will be 6.6 cents per kilogram.

The applicable subheading for “Nic Nacs” original” and “Nic Nacs” hot and spicy coated peanuts, 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.

The applicable subheading for “Curly Peanut Classic” (item 3) and “Curly Peanut Italian Style” (item 4) will be 1905.90.9030, HTS, which provides for bread, pastry, cakes, biscuits, and other bakers’ wares, whether or not containing cocoaotherothercorn chips and similar crisp savory snack foods. The rate of duty will be 4.5 percent ad valorem.

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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