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NY K88264

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September 13, 2004

CLA-2-08: RR: NC: SP: 231 K88264

CATEGORY: CLASSIFICATION

TARIFF NO.: 0801.12.0000; 0802.22.0000; 0802.32.0000; 0802.50.2000; 0802.90.9810; 1202.20.4040; 1202.20.8040

Mr. George H. Dorkhom
2141 Haymaker Road
Monroeville, PA 15146

RE: The tariff classification of shelled raw almonds, hazel nuts, cashews, macadamia nuts, peanuts and unshelled raw pistachios from Lebanon, Turkey, India, Iran and Syria.

Dear Mr. Dorkhom:

In your letter dated July 27, 2004, you requested a tariff classification ruling.

The merchandise in question consists of various kinds of nuts, either shelled or unshelled. These consist of the following varieties:

1. shelled, raw, unblanched almonds
2. shelled, raw, unblanched hazelnuts
3. shelled, raw, unblanched cashews
4. shelled, raw, unblanched macadamia nuts 5. shelled, raw, unblanched peanuts
6. in-shell, raw, unblanched pistachio nuts

The applicable subheading for shelled, raw almonds (item 1) will be 0802.12.0000, HTS, which provides for other nuts, fresh or dried, whether or not shelled or peeled, almonds, shelled. The rate of duty will be 24 cents per kilogram.

The applicable subheading for shelled, raw hazelnuts (item 2) will be 0802.22.0000, HTS, which provides for other nuts, fresh or dried, whether or not shelled or peeled, hazelnuts or filberts (Corylus spp.), shelled. The rate of duty will be 14.1 cents per kilogram.

The applicable subheading for shelled, raw cashews (item 3) will be 0801. 32.0000, HTS, which provides for coconuts, Brazil nuts and cashew nuts, fresh or dried, whether or not shelled or peeled, cashew nuts, shelled. The rate of duty will be Free.

The applicable subheading for the shelled, raw macadamia nuts (item 4) will be 0802.90.9810, HTS, which provides for other nuts, fresh or dried, whether or not shelled or peeled: other: shelled, macadamia nuts. The rate of duty will be 5 cents per kg.

The applicable subheading for shelled, raw peanuts (item 5), if entered under quota, will be 1202.20.4040, Harmonized Tariff Schedule of the United States (HTS), which provides for peanuts (ground-nuts), not roasted or otherwise cooked, whether or not shelled or broken, shelled, whether or not broken, described in additional U.S. note 2 to this chapter and entered pursuant to its provisions, other. The rate of duty will be 6.6 cents per kilogram.

The applicable subheading for shelled, raw peanuts (item 5), if entered outside the quota, will be 1202.20.8040, HTS, and will be dutiable at 131.8 percent ad valorem. In addition, products classified in subheading 1202.20.8040, HTS, will be subject to additional safeguard duties based on their value, as described in subheadings 9904.12.01 - 9904.12.19, HTS. Peanuts classified in subheading 1202.20.80 may be subject to additional safeguard duties, based on value, in subheadings 9904.12.01-9904.12.19.

The applicable subheading for in-shell pistachios (item 6) will be 0802.50.2000, HTS, which provides for other nuts, fresh or dried, whether or not shelled or peeled, pistachios, in-shell. The rate of duty will be 0.9 cents per kilogram.

These goods,--e.g., the in-shell raw pistachio nuts,--may be subject to antidumping duties or countervailing duties. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W. Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection.

In October 1987, the United States imposed a trade embargo on imports to the United States from Iran under the International Emergency Economic Powers Act (IEEPA) and implementing regulations in Title 31 of the Code of Federal Regulations Part 560. Effective April 28, 2000, the regulations were amended to authorize the importation of certain Iranian-origin foodstuffs intended for human consumption, carpets and other textile floor coverings.

Section 560.534 (a) was added to subpart E to read as follows:

31 CFR 560.534 Importation into the United States of certain foodstuffs and carpets is authorized.

(a) The importation into the United States, from Iran or a third country, of the following goods of Iranian-origin is authorized:

(1) Foodstuffs intended for human consumption that are classified under Chapters 2-23 of the Harmonized Tariff Schedule of the United States Annotated.

(2) Carpets and other textile floor coverings and carpets used as wall hangings that are classified either under Chapter 57 or under heading 9706.00.0060 of the Harmonized Tariff Schedule of the United States.

(b) United States persons, wherever located, are authorized to engage in transactions or dealings in or related to the categories of Iranian-origin goods described in paragraph (a) of this section, provided the transaction or dealing does not involve or relate to goods, technology, or services for exportation, reexportation, sale or supply, directly or indirectly, to Iran or the government of Iran, other than services described in section 560.405 ("Transaction incidental to a licensed transaction authorized").

For additional information regarding these and the other amendments to the Iranian Transaction Regulations, 31 CFR part 560, please refer to the May 3, 2000 Federal Register, Volume 65, Number 86 at page 25642.

Finally, imports of nuts are subject to inspection and regulation, principally, by the U.S. Department of Agriculture, Animal and Plant Health Inspection Service/Plant Protection and Quarantine (APHIS/PPQ) and regulations administered by the Food and Drug Administration. For APHIS requirements, please consult your local USDA office or their website at http://www.aphis.usda.gov. You may contact the FDA at the following address:

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 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 Thomas Brady at 646-733-3030.

Sincerely,

Robert B. Swierupski
Director,

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See also:

• Tariff No.: 0802.12.00 - Almonds, fresh or dried, shelled
• Tariff No.: 0802.22.00 - Hazelnuts or filberts, fresh or dried, shelled
• Tariff No.: 0802.32.00 - Walnuts, fresh or dried, shelled
• Tariff No.: 0802.50.20 - Pistachios, fresh or dried, in shell
• Tariff No.: 0802.90.98 - Nuts nesi, fresh or dried, shelled
• Tariff No.: 1202.20.40 - Peanuts (ground-nuts), not roasted or cooked, shelled, subject to add. US note 2 to Ch.12
• Tariff No.: 1202.20.80 - Peanuts (ground-nuts), not roasted or cooked, shelled, not subject to gen note 15 or add. US note 2 to Ch.12
• Tariff No.: 9706.00.00 - Antiques of an age exceeding one hundred years
• Tariff No.: 9904.12.01 - Peanuts, in shell, in 1202.10.80, entered in value safeguard period, under $0.05/kg
• Tariff No.: 9904.12.19 - Peanuts, other, in 1202.20.80, 2008.11.35 & 2008.11.60, entered in quantity safeguard period