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NY A84285

June 11, 1996

CLA-2-20:RR:NC:FC:231 A84285


TARIFF NO.: 2008.11.4500; 2008.11.6000

Mr. Richard Seley
Rudolph Miles and Sons, Inc.
4950 Gateway East
P.O. Box 11057
El Paso, TX 79983

RE: The tariff classification of thinly coated peanuts from Mexico.

Dear Mr. Seley:

In your letter, dated May 22, 1996, you have requested a tariff classification ruling on behalf of your client, Jan Louis Banks, DBA Southwest Management Company, El Paso, TX.

An examination of the sample indicates that the merchandise is comprised of thinly coated individual peanuts. The product, "Sweet and Crunchy Peanuts," contains sugar, peanuts, salt, and butter. It will be produced in batches by stirring over high heat to melt and crystalize the sugar.

The applicable subheading for "Sweet and Crunchy Peanuts," if imported in quantities that fall within the limits described in additional U.S. note 2 to chapter 12, will be 2008.11.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for fruit, 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, described in additional U.S. note 2 to chapter 12 and entered pursuant to its provisions. The rate of duty will be 6.6 cents per kilogram. If the quantitative limits of additional U.S. note 2 to chapter 12 have been reached, the product will be classified in subheading 2008.11.6000, HTS, and will be dutiable at 147.3 percent ad valorem. In addition, products classified in subheading 2008.11.6000, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.12.01 - 9904.12.19, HTS.

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, DC 200204

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 Ralph Conte at (212) 466-5759.


Roger J. Silvestri

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