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NY L88981

December 19, 2005

CLA-2-08: RR: NC: SP: 231 L88981


TARIFF NO.: 0802.50.2000; 0802.50.4000

Mr. Ahmad Foroutan
Zymex Industries Inc.
16720 Avenue 17 1/2
Madera, CA 93637

RE: The tariff classification of Pistachio nuts from Iran.

Dear Mr. Foroutan:

In your letter dated November 18, 2005, you requested a tariff classification ruling.

The merchandise in question consists of dried, raw in-shell pistachio nuts that are split (or “open”) or closed (not split) and raw pistachio nutmeats or kernels. The nutmeats or kernels will be shipped in refrigerated containers. You indicate that all of these pistachios will be imported in their raw form and will not be salted or roasted.

The applicable subheading for the dried, in-shell pistachios, both split and closed, will be 0802.50.2000, HTS, which provides for other nuts, fresh or dried, whether or not shelled or peeled, pistachios, in-shell. The rate of duty will be 0.9 cents per kilogram.

The applicable subheading for the refrigerated, raw, pistachio nut meats 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.

These goods,--e.g., the in-shell raw pistachio nuts,--may be subject to antidumping duties or countervailing duties. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W. Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection.

In October 1987, the United States imposed a trade embargo on imports to the United States from Iran under the International Emergency Economic Powers Act (IEEPA) and implementing regulations in Title 31 of the Code of Federal Regulations Part 560. Effective April 28, 2000, the regulations were amended to authorize the importation of certain Iranian-origin foodstuffs intended for human consumption, carpets and other textile floor coverings.

Section 560.534 (a) was added to subpart E to read as follows:

31 CFR 560.534 Importation into the United States of certain foodstuffs and carpets is authorized.

(a) The importation into the United States, from Iran or a third country, of the following goods of Iranian-origin is authorized:

(1) Foodstuffs intended for human consumption that are classified under Chapters 2-23 of the Harmonized Tariff Schedule of the United States Annotated.

(2) Carpets and other textile floor coverings and carpets used as wall hangings that are classified either under Chapter 57 or under heading 9706.00.0060 of the Harmonized Tariff Schedule of the United States.

(b) United States persons, wherever located, are authorized to engage in transactions or dealings in or related to the categories of Iranian-origin goods described in paragraph (a) of this section, provided the transaction or dealing does not involve or relate to goods, technology, or services for exportation, reexportation, sale or supply, directly or indirectly, to Iran or the government of Iran, other than services described in section 560.405 ("Transaction incidental to a licensed transaction authorized").

For additional information regarding these and the other amendments to the Iranian Transaction Regulations, 31 CFR part 560, please refer to the May 3, 2000 Federal Register, Volume 65, Number 86 at page 25642.

Finally, imports of nuts are subject to inspection and regulation, principally, by the U.S. Department of Agriculture, Animal and Plant Health Inspection Service/Plant Protection and Quarantine (APHIS/PPQ) and regulations administered by the Food and Drug Administration. For APHIS requirements, please consult your local USDA office or their website at http://www.aphis.usda.gov.

You may contact the FDA at the following address:

Food and Drug Administration
Division of Import Operations and Policy
5600 Fishers Lane
Rockville, MD 20857

This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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.


Robert B. Swierupski

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