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NY N011450




June 1, 2007

CLA-2-20:RR:E:NC:N2:228

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.19.9090

Mr. Roy Herndon
Amazon Health
29555 Lucrecia Street
Big Pine Key, FL 33043

RE: The tariff classification of roasted sacha inchi nuts from Peru

Dear Mr. Herndon:

In your letter dated May 18, 2007 you requested a tariff classification ruling.

The product is described as roasted sacha inchi nuts, imported packed in retail containers holding 25-grams, 2.5 ounces, or 6 ounces. The sacha inchi nut, also known as “Inca peanut” or “Inca nut,” is the seed from the plant Plukenetia volubilis L., a plant part having a high concentration of unsaturated fatty acids. The product will be marketed as a healthy snack food.

In your letter, you suggested the roasted sacha inchi nuts should be classified in subheading 0802.90.97, Harmonized Tariff Schedule of the United States (HTSUS), the provision for other fresh or dried nuts. We cannot agree. Noting the manner by which the seeds have been processed, i.e., roasting, they will be classified elsewhere.

The applicable subheading for the roasted sacha inchi nuts will be 2008.19.9090, HTSUS, which provides for fruit, nuts and other edible parts of plants, otherwise prepared or preservednuts, peanuts (ground nuts) and other seedsotherotherother. The rate of duty will be 17.9 percent ad valorem.

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/.

Articles classifiable under subheading 2008.19.9090, HTS, which are products of Peru may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP".

These goods may be subject to regulations or restrictions administered by the U.S. Department of Agriculture, Animal and Plant Health Division (APHIS). You may contact this agency regarding possible applicable regulations at the following location:

U.S. Department of Agriculture
APHIS
Plant Protection and Quarantine Permit Unit 4700 River Road, Unit 136
Riverdale, MD 20737-1236
Telephone number: 877-770-5990

This merchandise is also 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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