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NY M84138




June 27, 2006

CLA-2-19:RR:NC:SP:228 M84138

CATEGORY: CLASSIFICATION

TARIFF NO.: 1905.90.1090

Mr. Kevin Maher
C-Air Customhouse Brokers
181 South Franklin Avenue
Valley Stream, NY 11581

RE: The tariff classification of coated peanuts from China.

Dear Mr. Maher:

In your letter dated June 7, 2006, you requested a tariff classification ruling on behalf of Ziba Nut, Inc. (Port Washington, NY). Samples representing two types of coated peanuts were submitted for our examination and are being retained by this office.

The Cajun Coated Peanuts (Item # CP-536) are reddish-brown spheres (about 5/8” diameter) and egg-shapes (about ½” in diameter by ¾” in length). Each consists of a whole peanut kernel enrobed in a crisp coating said to contain rice cracker powder, chili, salt, sugar and caramel. An examination of the samples indicates that the thickness of the coating is equal to or greater than the diameter of the contained peanut.

The Sesame Coated Peanuts (Item # CP-404) are speckled, light-brown spheres (about ½” to 5/8”diameter) and egg-shapes (about ½” in diameter by ¾” in length). Each is a whole peanut kernel enrobed in a crisp, baked coating said to contain rice cracker powder, sesame seeds, sugar and salt. Examination of the samples indicates that the thickness of the coating is equal to or greater than the diameter of the contained peanut.

The applicable subheading for the # CP-536 Cajun Coated Peanuts and the # CP-404 Sesame Coated Peanuts will be 1905.90.1090, HTSUS, which provides for bread, pastry, cakes, biscuits and other bakers’ wares bread, pastry, cakes, biscuits and similar baked products whether or not containing chocolate, fruit, nuts or confectionery other other. The rate of duty will be free.

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 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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