The tariff classification of flavored and thinly coated, fried peanuts from Japan.

NY J80596 February 14, 2003 CLA-2-20:RR:NC:2:231 J80596 CATEGORY: Classification and marking TARIFF NO.: 2008.11.4500; 2008.11.6000 Ms. Terri Silka Exel Pak 11212 Bradley Avenue Pacoima, CA 91331 RE: The tariff classification of flavored and thinly coated, fried peanuts from Japan. Dear Ms. Silka: In your letter, dated January 22, 2003, you requested a tariff classification ruling. An examination of the sample, a small cello bag of “Rice Crackers (Arari),” found this product to consist of flavored and thinly coated, fried, individual peanuts. The ingredients are rice flour, corn starch, wheat flour, peanuts, sugar, rapeseed oil, salt, squid, amino acids, baking powder, tocopherol, curry powder (wasabi powder is used in wasabi flavored peanuts), and artificial coloring (FD & C yellow #5). During the manufacturing process, whole peanuts are inserted into a batter composed of the aforementioned ingredients. The product is dried and then fried. It will be marketed as a snack. In your correspondence you inquire as to the applicability of subheading 2106.90.6099, HTS, to the product. You cite HRL 082741, dated October 17, 1989. The product that is the subject of HRL 082741 is described thus: The thickness of the batter coating in the finished product is at least equal to the diameter of the peanut. We note that your product, “Rice Cracker (Arari),” does not have a batter coating that is equal to the diameter of the peanut. Accordingly, the applicable subheading for these flavored and thinly coated, fried 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, if entered after the peanut quota has filled, 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: Food and Drug Administration Division of Import Operations and Policy 5600 Fishers Lane Rockville, MD 20857 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