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NY A82166

April 30, 1996

CLA-2-19:RR:NC:FC:228 A82166


TARIFF NO.: 1901.90.9095

Mr. John Dickerson
Fundco Corporation
3927 High Pines
Houston, TX 77068

RE: The tariff classification of partially defatted peanut flour from Canada

Dear Mr. Dickerson:

In your letter dated March 23, 1996 you requested a tariff classification ruling.

A sample, submitted with your letter, was forwarded to the U.S. Customs laboratory for analysis. "Peanut Flour 36" is a brown, granular product with a very fine particle size, prepared from peanuts that have been cleaned, roasted, recleaned, ground, and the fat partially extracted. The imported product is said to contain 34 to 36 percent fat. Laboratory analysis of the sample found over 99 percent passed through a sieve with a 1.25 millimeter aperture. Peanut Flour 36 will be imported in 50 or 100-pound bags, 50-pound boxes, 300-pound drums, or 2000-pound bulk bags, and used as an ingredient in confections, reduced-fat peanut butter, and peanut butter drops.

The applicable tariff provision for this product will be 1901.90.9095, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for food preparations of flour, meal, starch or malt extract...other...other...other. The general rate of duty will be 8.8 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 212-466-5760.


Roger J. Silvestri

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