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NY I89637

January 17, 2003

CLA-2-17:RR:NC:SP:232 I89637


TARIFF NO.: 1704.90.1000

Mr. Adam Benado
PO Box 65048
Washington, DC 20035

RE: The tariff classification of Sugar Coated Peanuts from Argentina

Dear Mr. Benado:

In your letter dated December 17, 2002, you requested a tariff classification ruling.

You submitted descriptive information and a product sample with your request. The subject merchandise is peanuts that have been repeatedly dipped into a sugar mixture until they are thickly coated. The sugar mixture is said to consist of Sucrose, cerelose, salt and flavors. The peanuts will be imported initially in 20 to 50 pound cases, but may then come in smaller packages for retail sale.

The applicable subheading for the sugar-coated peanuts, in either the large cases or the smaller retail boxes, will be 1704.90.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for Sugar confectionery (including white chocolate), not containing cocoa: Other: Confections or sweetmeats ready for consumption: Candied nuts. The rate of duty will be 4.5 percent ad valorem.

The Food and Drug Administration may impose additional requirements on this product. You may contact the FDA at:

Food and Drug Administration
Division of Import Operations and Policy
5600 Fishers Lane
Rockville, Maryland 20857
Telephone: (301) 443-6553

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (19 CFR Part 134). You may wish to discuss the matter of country of origin marking with the Customs Import Specialist at the proposed port of entry.

Your inquiry does not provide enough information for us to give a classification ruling on your other possible variety of coated peanuts. Your request for a classification ruling on this item should include a product sample and packaging information and/or a sample label. When this is available, you may wish to consider resubmission of your request.

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 John Maria at (646) 733-3031.


Robert B. Swierupski

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