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NY B86397

June 13, 1997

CLA-2-20:RR:NC:2:231 B86397


TARIFF NO.: 2008.11.6000

Mr. Richard Finlay
4400 Williamsburg Road
Dallas, TX 75220-2059

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA) of thinly coated peanuts from Mexico; Article 509 Dear Mr. Finlay:

In your letter, dated June 5, 1997, you have requested a ruling on the status of thinly coated peanuts from Mexico under the NAFTA.

An examination of the sample indicates that the merchandise is comprised of thinly coated individual peanuts. The product, "Nishikawa Cacahuate Estilo Japones," is made of peanuts that have been thinly coated with a mixture of flour and soy sauce.

In your correspondence you indicate that the peanuts are of Mexican origin, and that manufacturing, coating, and packaging take place in Mexico.

The applicable subheading for the thinly coated peanuts will be 2008.11.6000, 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, other. The general rate of duty will be 143.4 percent ad valorem.

The thinly coated peanuts, being wholly obtained or produced entirely in the territory of Mexico, will meet the requirements of HTSUSA General Note 12(b)(i), and will therefore be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements. Upon compliance with all applicable laws, regulations, and agreements under NAFTA, articles from Mexico classifiable in subheading 2008.11.6000, HTS, are subject to the quota quantity restrictions listed in 9906.20.03, HTS, which limit the amount of peanuts to the quantitative limits specified in U.S. Note 16 to Subchapter VI of Chapter 99. The rate of duty will be free. Alternately, articles valued not over 65.2 cents per kilogram are classifiable in subheading 9906.20.04, HTS. The rate of duty will be 72.3 cents per kilogram.

Otherwise, articles valued over 65.2 cents per kilogram are classifiable in subheading 9906.20.05, HTS. The rate of duty will be 110.8 percent ad valorem.

Additional requirements may be imposed on these products 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 20024

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 CFR 181).

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

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.


Gwenn Klein Kirschner
Chief, Special Products Branch

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