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NY R01593




April 7, 2005

CLA-2-20: RR: NC: 2:231:R01593

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.11.4500: 2008.11.6000

Mr. Danny Yan
Golden Dragon Int’l. Trade LLC
5445 NW Skycrest Pkwy.
Portland, OR 97229

RE: The tariff classification of flavored and coated peanuts from Thailand.

Dear Mr.Yan:

In your letter dated March 08, 2005, you requested a tariff classification ruling.

The products in question consist of some five varieties of flavored, coated peanuts. These are described as coconut cream flavor, coffee flavor, chicken flavor, Thai tom yum spice flavor and Bar-B-Q flavor. Each of these coated peanut products is said to consist of peanuts (50 percent by weight), flour, sugar, salt, vegetable oil and flavoring. A sample of chicken flavored peanuts, submitted separately, was said to be typical of all these products. The sample was found to be thinly coated peanuts.

The applicable subheading for these five flavored, coated peanuts, if entered while the Tariff Rate Quota remains open, 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 the chicken-flavored and coated peanuts, if entered after the quota has closed, 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 duties based on their value, as described in subheadings 9904.12.01 – 9904.12.19, HTS.

Additional requirements may be imposed on this product by the Food and Drug Administration. You may contact the FDA at:

U.S. Food and Drug Administration
Center for Food Safety- Imports Branch
200 C Street, S.W.
Washington, DC 20204

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 Thomas Brady at 646-733-3030.

Sincerely,

Robert B. Swierupski
Director,

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