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NY I80301




April 15, 2002

CLA-2-20:RR:NC:2:231 I80301

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.11.4500; 2008.11.6000

Mr. Wheijen Lee
Clear Freight, Inc.
880 Apollo Street, Suite 101
El Segundo, CA 90245

RE: The tariff classification of flavored and thinly coated, roasted peanuts from Vietnam.

Dear Mr. Lee:

In your letter, dated April 5, 2002, you requested a tariff classification ruling.

An examination of the samples indicates that the merchandise is comprised of flavored and thinly coated, roasted, individual peanuts. The merchandise is described thus:

“Coconut Flavor Roasted Peanuts.” The ingredients are 50 percent peanuts, 28 percent wheat flour, 10 percent refined cane sugar, 6 percent palm oil, 4 percent coconut juice, and 2 percent refined table salt. During the manufacturing process, raw peanuts are selected, cleaned with water, coated several times (with a mixture of wheat flour, coconut juice, salt, and sugar syrup), roasted (with palm oil), cooled, and packed. “Coffee Flavor Roasted Peanuts.” The ingredients are 50 percent peanuts, 28 percent wheat flour, 10 percent refined cane sugar, 6 percent palm oil, 4 percent coffee powder, and 2 percent refined table salt. Raw peanuts are selected, cleaned with water, coated several times (with a mixture of wheat flour, coffee powder, salt, and sugar syrup), roasted (with palm oil), cooled, and packed. “Cuttlefish Roasted Peanuts.” The ingredients are 50 percent peanuts, 14 percent cornstarch, 12 percent glutinous rice flour, 10 percent wheat flour, 5 percent refined cane sugar, 4 percent cuttlefish powder, 2 percent spices, 2 percent refined table salt, and 1 percent palm oil. Raw peanuts are selected, cleaned with water, coated several times (with a mixture of wheat flour, glutinous rice flour, cornstarch, cuttlefish powder, salt, and sugar syrup), roasted (without oil), soaked in spices, dried, cooled, and packed. “Prawn Roasted Peanuts.” The ingredients are 50 percent peanuts, 14 percent cornstarch, 12 percent glutinous rice flour, 10 percent wheat flour, 5 percent refined cane sugar, 2 percent spices, 2 percent refined table salt, and 1 percent palm oil. Raw peanuts are selected, cleaned with water, coated several times (with a mixture of wheat flour, glutinous rice flour, cornstarch, prawn powder, salt, and sugar syrup), roasted (without oil), soaked in spices, dried, cooled, and packed. “Vegetable Roasted Peanuts.” The ingredients are 50 percent peanuts, 14 percent cornstarch, 12 percent glutinous rice flour, 10 percent wheat flour, 5 percent refined cane sugar, 4 percent vegetable powder, 2 percent spices, 2 percent refined table salt, and 1 percent palm oil. Raw peanuts are selected, cleaned with water, coated several times (with a mixture of wheat flour, glutinous rice flour, cornstarch, vegetable powder, salt, and sugar syrup), roasted (without oil), soaked in spices, dried, cooled, and packed.

The applicable subheading for flavored and thinly coated, roasted peanuts (items 1-6), if entered under quota, 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.

The applicable subheading for flavored and thinly coated, roasted peanuts (items 1-6), if entered outside the quota, 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 rate of duty will be 131.8 percent ad valorem. In addition, products classified in subheading 2008.11.6000, HTS, will be subject to additional safeguard duties based on their value, as described in subheadings 9904.12.01 – 9904.12.19.

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 Import Operations and Policy
5600 Fishers Lane
Rockville, MD 20857

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 (646) 733-3030.

Sincerely,

Robert B. Swierupski
Director

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