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NY L85373





July 5, 2005

CLA-2-19:RR:NC:N2:228 L85373

CATEGORY: CLASSIFICATION

TARIFF NO.: 1905.90.1090; 2008.11.4500; 2008.11.6000

Mr. Joe Nakayama
Alpha International
9133 S. La Cienega Blvd.
Inglewood, CA 90301

RE: The tariff classification of coated peanuts from China

Dear Mr. Nakayama:

In your letter dated June 1, 2005, on behalf of Barrington Trading dba Western Gourmet Foods, you requested a tariff classification ruling.

Three samples, submitted with your letter, were examined and disposed of. Mexicana Mix, Holiday Mix, and Wasabi Mix, consist of a roasted peanut enrobed in a spherical or oval-shaped, crisp, baked coating. Ingredients common to all are peanuts, glutinous rice powder, wheat flour, sugar, starch, and color. The Mexicana Mix also contains salt, palm oil, and seasoning, the Holiday Mix and Wasabi Mix contain sesame seeds, soy sauce, and chili, and Wasabi Mix contains wasabi flavor. Examination of the samples found the Mexicana Mix products were orange colored, measured approximately 5/8-inch in diameter, and had a relatively thin coating (i.e., approximately one-half the diameter of the peanut). Holiday Mix products were oval-shaped, brown, tan, and rust-colored, measured approximately ¾-inch long and 5/8-inch in diameter, with a coating approximately equal to the diameter of the peanut. Wasabi Mix products were oval-shaped, brown, tan, and green-colored, ¾ to one-inch long, with a coating equal to or greater than the diameter of the peanut.

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

The applicable subheading for the Mexicana Mix, if entered under quota, will be 2008.11.4500, 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 the Mexicana Mix, 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 9904.12.019904.12.19.

This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

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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