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NY F82312

January 26, 2000

CLA-2-20:RR:NC:2:231 F82312


TARIFF NO.: 2008.11.6000

Mr. Michael Dunlap
Fun Factory LLC
6223 West Forest Home Avenue, Suite 200
Milwaukee, WI 53220

RE: The tariff classification of flavored and thinly coated peanuts from Mexico.

Dear Mr. Dunlap:

In your letter, dated January 14, 2000, you requested a classification ruling.

An examination of the submitted sample indicates that the merchandise is comprised of individual peanuts that have a thinly coated shell of flour and that contain seasoning. The ingredients are peanuts, flour, iodized salt, sugar, and Chile seasoning.

The applicable subheading for these flavored and thinly coated peanuts will be 2008.11.6000, 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 131.8 percent ad valorem. In addition, products classified in subheading 2008.11.6000, HTS, that are not products of Mexico, will be subject to safeguard duties based on their value, as described in subheadings 9904.12.019904.12.19, HTS. If these peanuts are entirely products of Mexico, safeguard duties listed in subheadings 9904.12.019904.12.19, HTS, will not apply (as per US Note 1, Subchapter 10, Chapter 99).

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 20204

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 Thomas Brady at 212-637-7064.


Robert B. Swierupski

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