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NY 890064

September 23, 1993

CLA-2-20:S:N:N1:231 890064


TARIFF NO.: 2008.11.0060/9904.20.20

Mr. Tom McManus
Seaco Int'l. Company Limited
1645 Sismet Road
Mississauga, Ontario L4W 1Z3
Toronto, Canada

RE: The tariff classification of Honey Crunch Peanuts from Canada.

Dear Mr. McManus:

In your letter dated September 2, 1993 you requested a tariff classification ruling.

An examination of the sample submitted indicates that they are thinly coated individual peanuts. The product in question, "Honey Crunch Peanuts", is described as a product of a panning process which roasts and candies the peanuts at the same time. The ingredients include peanuts, sugar and honey. The product will be packaged in 25 pound plastic lined cartons designated for bulk shipments.

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.

Goods classifiable under subheading 2008.11.0060, HTS, which have originated in the territory of Canada, will be entitled to a rate of duty of 3.3 cents per kilo under the United States-Canada Free Trade Agreement (FTA) 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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