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NY 897783

May 27, 1994

CLA-2-20:S:N:N7:231 897783


TARIFF NO.: 2008.11.9000; 9904.20.20

Mr. Chris Jeter
Chisolm Biological Laboratory
P.O. Box 1289
Aiken, S.C. 29802-1289

RE: The tariff classification of two in-shell peanut products from Costa Rica.

Dear Mr. Jeter:

In your letter dated May 5, 1994 you requested a tariff classification ruling.

The two items in question are described as follows:

1) In-shell peanuts that are marinated (water, sugar, salt and various flavorings) and then dried in a baking process to form a crystallized shell and nut.

2) In-shell peanuts that are cooked in a marinade (water, sugar, salt and various flavorings) and packaged in the solution at 300 percent by weight to give a pickling effect.

The applicable subheading for both of these in-shell peanut products will be 2008.11.9000, 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.

Articles classifiable under subheading 2008.11.9000, HTS, which are products of Costa Rica are entitled to duty free treatment under the Caribbean Basin Economic Recovery Act (CBERA) upon compliance with all applicable regulations.

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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