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NY B89313

September 9, 1997

CLA-2-20:RR:NC:2:231 B89313


TARIFF NO.: 2008.11.4500; 2008.11.6000

Mr. Creighton Moeller
Avalanche Snack Group
217 Hillcrest Circle
Chapel Hill, NC 27514

RE: The tariff classification of thinly coated peanuts from China and the Netherlands.

Dear Mr. Moeller:

In your letter, dated August 28, 1997, you have requested a tariff classification ruling.

The merchandise is described thus:

1. "Kibble Nuts." An examination of the sample indicates that the merchandise is comprised of thinly coated individual peanuts. "Kibble Nuts" will be imported in a variety of flavors, including cheese, onion, spicy and garlic. The ingredients are peanuts, starch, modified starch, vegetable oil, hydrogenated vegetable oil, salt, sugar, flavoring, hydrolysed vegetable protein, spices, garlic powder, onion powder, vegetable juice, and caramel coloring. The net weight is 150 grams. Made in the Netherlands.

2. "Crunch Nuts." An examination of the sample indicates that the merchandise is comprised of thinly coated individual peanuts. The ingredients are peanuts, wheat flour, rice flour, sesame seeds, sugar, soy sauce (comprised of soy beans, wheat, salt, and water), and potato starch. The net weight is 2 ounces (56 grams). Made in China.

The applicable subheading for the thinly coated peanuts that are called, "Kibble Nuts" and "Crunch Nuts," 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 143.4 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.


Gwenn Klein Kirschner
Chief, Special Products Branch

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