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NY C84126

March 6, 1998

CLA-2-20:RR:NC:2:228 C84126


TARIFF NO.: 2008.11.4500, 2008.11.6000

Steve De Castro
All-Ways Forwarding Int'l Inc.
Hemisphere Center
U..S. RT 1-9 South
Newark, NJ 07114

RE: The tariff classification of Milk Peanut Soup from Taiwan.

Dear Mr. De Castro:

In your letter dated February 12, 1998, on behalf of Summit Import Corp. NY, New York, you requested a tariff classification ruling.

A sample and an ingredients breakdown was submitted with your letter. The sample was examined and disposed of. Milk Peanut Soup consists of peanuts in an opaque liquid, composed of 75.6 percent water, 16 percent peanuts, 7.9 percent sugar and 0.5 percent powdered milk. It is put up in a can containing 12 ounces, with a plastic lid and a folding spoon.

The applicable subheading for Milk Peanut Soup, 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 139.5 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.

Your inquiry does not provide enough information to issue a classification ruling for the Almond Jelly With Peanuts and Jelly With Peanuts. Please verify and resubmit ingredients breakdowns and additional samples for both products. The breakdowns submitted do not agree with the ingredients stated on the containers.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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 Stanley Hopard at 212-466-5760.


Robert B. Swierupski

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