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NY I89763

January 21, 2003

CLA-2-19:RR:NC:2:228 I89763


TARIFF NO.: 1905.90.1090

Mr. Massoud Morshed
Ziba Nut, Inc.
180 Main Street
Port Washington, NY 11050-3212

RE: The tariff classification of coated peanuts from China

Dear Mr. Morshed:

In your letters dated November 26, 2002 and January 8, 2003 you requested a tariff classification ruling.

A sample, submitted with your first letter, was examined and disposed of. Chinese Coated Peanuts are green-colored, spherical or oval-shaped products, ranging in size from approximately 5/8 to 7/8-inch in length and/or diameter, consisting of a peanut encased in a baked, biscuit-like material. The stated ingredients are 53 percent rice cracker powder, 38 percent peanut, 2.5 percent each of soy sauce and sugar, one percent wasabi, and less than one percent color. Examination of the samples found that the thickness of the baked coating was equal to or greater than the diameter of the peanut it contained.

The applicable subheading for the Chinese Coated Peanuts will be 1905.90.1090, Harmonized Tariff Schedule of the United States (HTS), which provides for bread, pastry, cakes, biscuits and other bakers’ waresotherbread, pastry cakes, biscuits and similar baked productsotherother. The rate of duty will be free.

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 Stanley Hopard at 646-733-3029.


Robert B. Swierupski

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