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NY 872274

March 25,, 1992

CLA-2-20:S:N:N1:231 872274


TARIFF NO.: 2008.11.0060/9904.20.20

Mr. Rich Hefner
A.L. Fase & Co.
4849 N. Scott Street, Suite 116
Schiller Park, IL 60176

RE: The tariff classification of "Cracker Nuts" from the Philippines.

Dear Mr. Hefner:

In your letter dated March 9, 1992, on behalf of K & L Associates, Deerfield, Il, you requested a tariff classification ruling.

An examination of the four samples ("Cracker Nuts": 1) Crunchy Peanuts, 2) New Garlic flavor, 3) New Bar-B-Que flavor and 4) New Adobo flavor) submitted indicates that they thinly coated individual peanuts. The ingredients are listed as follows: peanuts, wheat flour, glucose, salt, baking powder and seasoning.

The applicable subheading for these coated peanuts will be 2008.11.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for Fruits, 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. The rate of duty will be 6.6 cents per kilo.

In addition, the peanuts are subject to quota limitations of 775,189 kilos in any 12-month period beginning August 1 in any year as set forth in subheading 9904.20.20, Harmonized Tariff Schedule of the United States.

Additional requirements may be imposed on this product by the Food and Drug Administration. You may contact the FDA at:

Food And Drug Administration
Division of Regulatory Guidance
200 C Street, S.W.
Washington, D.C. 20204

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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