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NY K80287




November 18, 2003
CLA-2-20:RR:NC:2:231 K80287

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.11.4500; 2008.11.6000

Ms. Kelly O’Neill
All-Ways Forwarding International, Inc.
701 Newark Avenue, Suite 300
Elizabeth, NJ 07208

RE: The tariff classification of flavored and thinly coated peanuts from China.

Dear Ms. O’Neill:

In your letter, dated November 3, 2003, on behalf of your client, J.F. Braun and Sons, Inc., Westbury, NY, you requested a tariff classification ruling.

An examination of the sample, a small cello bag of wasabi coated peanuts (item CP-101), found this product to consist of flavored and thinly coated, individual peanuts. The ingredients are rice cracker powder (glutinous rice and corn starch), peanuts, corn powder, palm oil, wasabi (mustard powder), sugar, salt, and artificial coloring (FD & C yellow #5 and blue #1). The product will be shipped in bulk in 25 kilogram packages.

In your correspondence you inquire as to the applicability of subheading 1905.90.1090, HTS, to the product. You cite NYRL I89763, dated January 21, 2003.

The product that is the subject of NYRL I89763 is described thus:

Examination of the samples found that the thickness of the baked coating was equal to or greater than the diameter of the peanut it contained.

An examination of the samples of your product found that the thickness of the baked coating was not equal to or greater than the diameter of the peanut. Accordingly, the applicable subheading for these flavored and thinly 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, 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 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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