The tariff classification of sugar coated peanuts from Argentina.

NY L83937 April 18, 2005 CLA-2-20: RR: NC: 2:231 L83937 CATEGORY: Classification TARIFF NO.: 2008.11.4500: 2008.11.6000 Ms. Kelly O’Neill All-Ways Forwarding Int’l Inc. 701 Newark Ave. Suite 300 Elizabeth, NJ 07208 RE: The tariff classification of sugar coated peanuts from Argentina. Dear Ms. O’Neill: In your letter dated April 07, 2005,on behalf of your client Star Snacks, you requested a tariff classification ruling. The product is question is said to be produced by boiling peanuts in a sugar/water mixture, then allowing the boiled peanuts to cool in the same mixture, with additional sugar added. The peanuts are then allowed to cool and dry, before being bulk packaged 25-pound bags for export to the United States. After importation, these peanuts will be repackaged into 9 oz. (225g) individual containers for retail sale and sold as a snack. An examination of the sample submitted with this inquiry found the merchandise to consist of individual peanuts with a thin, sweet coating. The ingredients are listed as peanuts, sugar, salt and artificial flavor. The applicable subheading for 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 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 these products 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 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 301-575-0156, or at the Web site at www.fda.gov/oc/bioterrorism/bioact.html. 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, National Commodity Specialist Division