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NY 889918

October 6, 1993

CLA-2-20:S:N:N7:231 889918


TARIFF NO.: 2008.11.0060/9904.20.20

Ms. Cecilia Castellanos
Withrow Zerwekh
1241 Watson Center Road
Carson, California 90748

RE: The tariff classification of mixtures of rice crackers and salted peanuts from Japan.

Dear Ms. Castellanos:

In your letter dated August 30, 1993, on behalf of Hosoda Bros. of San Francisco, California, you requested a tariff classification ruling.

The product in question, "Hitotsumami Arare", is described as snack foods consisting of baked rice crackers with spices added, combined with salted peanuts and put up for retail sale in cellophane packages.

The applicable subheading for the mixture of baked rice crackers with salted 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 kilogram.

In addition, 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.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (19 CFR Part 134). The samples you have submitted do not appear to properly be marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

There are also other agencies whose rules and regulations may impact upon the importation of these snack mixes. Information regarding applicable regulations administrated by the U.S. Food and Drug Administration may be located at:

U.S. Food and Drug Administration
Division of Regulatory Guidance
HFF 314, 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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