The tariff classification of flavored and coated peanuts from Malaysia.

NY G89273 April 27, 2001 CLA-2-20:RR:NC:2:231 G89273 CATEGORY: Classification TARIFF NO.: 2008.11.4500; 2008.11.6000 Ms. Patricia Champagne Packaged Products Division 12395 Belcher Road, Suite 350 Largo, FL 33773 RE: The tariff classification of flavored and coated peanuts from Malaysia. Dear Ms. Champagne: In your letter, dated April 16, 2001, you requested a classification ruling on behalf of your clients, Wilson Foods, Inc., Memphis, TN and Ambag Corporation, Largo, FL. An examination of the submitted sample, “Meteorites,” indicates that the merchandise is comprised of flavored and coated peanuts. The ingredients are 60 percent peanuts, 10 percent vegetable oil, 8 percent Dahl flour, 6 percent sesame seeds, 3 percent curry flour, 3 percent rice flour, 3 percent tapioca flour, 3 percent sugar, 2 percent salt, and 2 percent dry chillis. The applicable subheading for flavored and coated peanuts, if entered under quota, 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 flavored and coated peanuts, if entered outside the quota, 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: Food and Drug Administration Division of Regulatory Guidance 200 C Street, S.W. Washington, DC 20204 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 212-637-7064. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division