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NY K81844





December 10, 2003
CLA-2-08:RR:NC:2:231 K81844

CATEGORY: CLASSIFICATION

TARIFF NO.: 0802.50.4000

Mr. Donald Weadon, Jr.
Weadon and Associates
3338 North Street, NW
Washington, DC 20007

RE: The tariff classification of shelled pistachios from Iran. Correction to Customs Ruling No. NY K80490.

Dear Mr. Weadon:

This ruling is being issued to correct Customs Ruling No. NY K80490, dated November 24, 2003. The ruling letter, in the second paragraph, page 1, described the merchandise as bleached nut kernels. You had provided a statement that this product is “neither blanched nor bleached, only washed in pure water before packaging.” A complete corrected ruling follows.

In your letter, dated November 3, 2003, you requested a tariff classification ruling.

The merchandise is comprised of pistachios that have been shelled, cleaned, and packaged for sale as whole pistachio kernels or the unbroken nutmeat of the pistachio.

You state that, at the time of harvest, Iranian pistachios are 70-90 percent open on the tree (“open mouth”). Pistachios that have not naturally opened (“closed mouth”) are mechanically separated from those that have opened. These “closed mouth” pistachios are mechanically deshelled and the whole kernels are separated from the broken ones. Then the kernels are washed and dried. The kernels are not blanched, baked, heat-treated, roasted, chemically washed or chemically treated. The whole kernels are packed in cloth or plastic bags and then packaged in cartons. One carton holds 10 kilograms of pistachio kernels. Broken pieces are separately packaged for shipment.

The applicable subheading for shelled pistachios will be 0802.50.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for other nuts, fresh or dried, whether or not shelled or peeled, pistachios, shelled. The rate of duty will be 1.9 cents per kilogram.

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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