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NY L89635




January 17, 2006

CLA-2-20: RR: NC: SP: 231 L89635

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.11.4500; 2008.11.6000

Mr. Yuntakari Wiharyanto
Takari International, Inc.
1250 N. Knollwood Circle
Anaheim, CA 92801

RE: The tariff classification of “Mayasi” brand thinly coated, roasted and flavored peanuts from Indonesia.

Dear Mr. Wiharyanto:

In your letter dated December 19, 2005 you requested a tariff classification ruling.

The items in question consist of thinly coated roasted peanuts in four different flavor varieties. Each flavor is packaged individually for retail sale in individual plastic bags of 2.6 ounces, net, each. The coating for each variety contains wheat flour, modified starch, sugar, palm oil, salt, a leavening agent and a characterizing flavor. Samples of each product were submitted in the following flavors:

“Chili flavored Peanuts,” with chili seasoning. “Garlic flavored Peanuts,” with garlic seasoning and garlic. “Shrimp Flavored Peanuts,” with shrimp seasoning and dried shrimp. “Corn Flavored Peanuts,” with roasted corn seasoning.

If entered while the Tariff Rate Quota for peanuts remains open, the applicable subheading for the “Mayasi” brand “Chili Flavored Peanuts,” “Garlic Flavored Peanuts,” “Shrimp Flavored Peanuts” and “Corn Flavored Peanuts” 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.

If entered after the quota has filled, the applicable subheading for these items 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 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 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 telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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