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HQ 089864

July 16, 1991

CLA-2 CO:R:C:F 089864 STB


TARIFF No.: 2008.11.0000, 1905.90.1060

Mr. Andrew Anspach
Triad Trading Corp.
1120 Ave. of Americas
Suite 4040
New York, NY 10036

RE: Importation of "japanese style" peanuts from Mexico

Dear Mr. Anspach:

This is in reference to your telephonic inquiry of July 8, 1991, concerning the importation from Mexico of "japanese style" peanuts.

Your question concerned the United States peanut quota and the classification of "japanese style" peanuts. First, we would like to note that our office does not have the authority to modify the amount of imported peanuts allowed under the quota. Quotas are established by legislation of the United States Congress, by directives, and by proclamations issued under the authority of specific legislation. Although the majority of import quotas are administered by the U.S. Customs Service, Customs does not establish these quotas. The Commissioner of Customs controls the importation of quota merchandise, but has no authority to change or modify any quota. If you desire to discuss the establishment and modification of quotas, you should contact the Office of the United States Trade Representative at 600 Seventeenth Street, N.W. Washington, D.C. 20506.

It is possible that the importation of your product may not be affected by the peanut quota. Based on precedents and a court case involving the tariff classification of this type of snack food, Customs has ruled that where the peanut is covered only with a thin coating, which easily crumbles and does not obscure the shape of the peanut, the product is classified as a prepared or preserved peanut in subheading 2008.11.00, HTSUSA, and is subject to the quota restraints. However, where the baked coating on the peanut is as thick or thicker than the peanut, resulting in a product which is rather spherical in shape and not readily recognizable as a peanut, the product is classifiable under the provision for bread, -2-
similar baked products, in subheading 1905.90.1060, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), and dutiable at a free rate of duty.

If you are uncertain as to how your product compares with the above guidelines, and if you have not already received a ruling from Customs concerning the classification of your product, it is in your best interests to obtain such a ruling. To obtain a ruling, you should send a ruling request to any Customs District Director or to the Area Director of Customs, New York Seaport, 6 World Trade Center, New York, N.Y. 10048. Your request should include a sample and specific description of the product.

To further assist you, we have enclosed a book entitled Importing into the United States. This book explains the procedures and regulations that must be followed in order to import into the U.S. We have also enclosed two leaflets one of which is entitled "District Rulings Program" and the other "Import Quotas."


John Durant, Director

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