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NY K85959




May 17, 2004
CLA-2-19:RR:NC:2:228 K85959

CATEGORY: CLASSIFICATION

TARIFF NO.: 1905.90.1090

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

RE: The tariff classification of coated peanuts from China

Dear Ms. O’Neill:

In your letter dated May 6, 2004, on behalf of JF Braun & Sons, you requested a tariff classification ruling.

Samples and a list of ingredients accompanied your letter. The samples were examined and will be retained with the National Import Specialist. Wasabi Coated Peanuts are spherical and oval-shaped, green-colored, baked products said to be composed of rice powder, corn starch, peanuts, corn powder, palm oil, wasabi powder, sugar, salt, and artificial color. Examination of the samples found the products to consist of a whole peanut enrobed in a thick, crisp coating, the latter equal to or greater than the diameter of the peanut. The coated peanuts will be imported in bulk containers weighing 25-kilograms.

The applicable subheading for these Wasabi Coated Peanuts will be 1905.90.1090, Harmonized Tariff Schedule of the United States (HTS), which provides for bread, pastry, cakes, biscuits and other bakers’ waresbread, pastry, cakes, biscuits and similar baked productswhether or not containing chocolate, fruit, nuts or confectioneryotherother. The rate of duty will be free.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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 Stanley Hopard at 646-733-3029.

Sincerely,

Robert B. Swierupski
Director,

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