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NY E87234

October 1, 1999

CLA-2-20:RR:NC:2:231 E87234


TARIFF NO.: 2008.19.8500

Ms. Carol Hagyard
A.N. Deringer, Inc.
1010 Niagara Street
Buffalo, NY 14213

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA) of a mixture of roasted and salted nuts from Canada; Article 509

Dear Ms. Hagyard:

In your letter, dated September 17, 1999, on behalf of your client, John Vince Foods, Downsview, Ontario, you have requested a ruling on the status of mixtures of nuts from Canada under the NAFTA.

The merchandise is a snack product that consists of a mixture of nuts packed in a can. The ingredients are blanched, extra large Virginia peanuts, unblanched, jumbo runner peanuts, fancy, whole cashews, almonds, Brazil nuts, blanched filberts, and pecans that have been roasted separately in peanut oil and/or partially hydrogenated soybean oil and lightly salted. Jumbo runner peanuts or medium Virginia peanuts may be used if extra large Virginia peanuts are not available.

In your correspondence you indicate that raw nuts will be imported into Canada and roasted, blanched, and/or salted at the John Vince Food plant.

The applicable tariff provision for the mixture of nuts will be 2008.19.8500, 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, other, including mixtures, other, including mixtures, mixtures. The general rate of duty will be 23.3 percent ad valorem.

Each of the non-originating materials used to make the mixture of nuts has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/20.4. Upon compliance with all applicable laws, regulations, and agreements under NAFTA, articles from Canada classifiable in subheading 2008.19.8500, HTS, will be subject to a free rate of duty.

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 Thomas Brady at (212) 637-7064.


Robert B. Swierupski

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