The tariff classification of flavored and thinly coated peanuts from the Netherlands.

NY H87978 February 4, 2002 CLA-2-20:RR:NC:2:231 H87978 CATEGORY: Classification TARIFF NO.: 2008.11.4500; 2008.11.6000 Mr. Martin Sokoloff Wedgie Dietetic Foods, Inc. Marty’s Organic 26 20th Street Brooklyn, NY 11232 RE: The tariff classification of flavored and thinly coated peanuts from the Netherlands. Dear Mr. Sokoloff: In your letter, dated January 25, 2002, you requested a tariff classification ruling. An examination of the sample indicates that the merchandise is comprised of flavored and thinly coated, individual peanuts. The ingredients are 39 percent peanuts, 24 percent rice flour, 16 percent starch (wheat), 6 percent vegetable oil, 5 percent modified starch, 5 percent sugar, 2 percent flavoring, 1 percent salt, 1 percent vegetable juice, and 1 percent spice extract. The applicable subheading for flavored and thinly 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 thinly 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 safeguard duties based on their value, as described in subheadings 9904.12.01 – 9904.12.19. 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 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 National Commodity Specialist Division