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NY H82352

August 10, 2001

CLA-2-20:RR:NC:2:231 H82352


TARIFF NO.: 2008.19.8500

Mr. Steve DeCastro
All-Ways Forwarding International, Inc.
701 Newark Avenue, Suite 300
Elizabeth, NJ 07208

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

Dear Mr. DeCastro:

In your letter, dated June 11, 2001, on behalf of your client, Star Snacks, Jersey City, NJ, you have requested a ruling on the status of mixtures of nuts from Canada under the NAFTA.

The merchandise is described as 16 ounce, retail pack tins of “Mixed Nuts,” consisting of 26.4 percent by weight of peanuts and 21.55 percent red skin peanuts (country of origin, Canada or the U.S.A.), 16.46 percent cashews (origin, India), 13.21 percent Brazil nuts (origin, Brazil) and 11.97 percent unbleached almonds, 5.98 percent unbleached filberts and 4.49 percent pecans (origin, all U.S.A.).

In your correspondence you indicate that the country of exportation will be Canada. The condition of the nuts when they are imported into Canada is sometimes raw and at other times roasted. The nuts are brought into the country of exportation both in bags and boxes. When the nuts enter Canada in a raw condition, they are roasted, salted, and mixed with other ingredients (salt, oil, and other nuts). When the nuts enter Canada in a roasted condition, Star Snacks will re-salt, re-oil and pack the product in its final export container.

The applicable subheading for these retail packed “Mixed 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 22.4 percent ad valorem.

Regarding the issue of NAFTA origination, your ruling request states that the nuts, when imported into the country of exportation, will sometimes be raw, and at other times roasted. The criteria for origination are a chapter shift. General Note 12(t)/20.4 states, “A change to subheadings 2008.19 through 2008.99 from any other chapter.”

The nuts are: peanuts from Canada or the U.S.A.
almonds, pecans, filberts from the USA
cashews from India

Brazil nuts from Brazil

Accordingly, if the cashews and Brazil nuts are imported raw into Canada, then 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 the NAFTA, articles from Canada classifiable in subheading 2008.19.8500, HTS, will be subject to a free rate of duty.

If the cashews and/or Brazil nuts are imported roasted into Canada, then the merchandise does not qualify for preferential treatment under the NAFTA because one or more of the non-originating materials (the cashews and/or Brazil nuts) used in the production of the goods will not undergo the change in tariff classification required by General Note 12(t)/20.4. Under this scenario, the mixture of nuts will not be considered to be eligible products for preferential duty treatment under the NAFTA regulations.

Additional requirements may be imposed on these products by the Food and Drug Administration. You may contact the FDA at

Food and Drug Administration
Waterview Corp. Cntr.
10 Waterview Boulevard, 3rd Floor
Parsippany, NJ 07054

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 CFR 181).

This ruling 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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