The tariff classification of Nori Wasabi flavor coated peanuts from Thailand.

N043600 November 26, 2008 CLA-2-20: OT: RR: NC: SP: 231 CATEGORY: Classification TARIFF NO.: 2008.11.4500; 2008.11.6000 Mr. Michael G. Lien Tristar Food Wholesale Co. Inc. 115 Amity Street Jersey City, NJ 07304 RE: The tariff classification of Nori Wasabi flavor coated peanuts from Thailand. Dear Mr. Lien: In your letter dated October 30, 2008, you requested a tariff classification ruling. The submitted sample of Nori Wasabi flavor coated peanuts, are green-colored, egg-shaped objects measuring approximately 3/8 of an inch in diameter by 1/2 of an inch in length. Each consists of a whole roasted peanut encapsulated in a crisp coating said to contain wheat flour (15%), glutinous rice flour (12.5%), corn flour (12%), “Wasabi” horseradish (6%), sugar (2%), salt (1.5%) and “Nori” seaweed (<1%). An examination of the coated peanuts indicates that the thickness of the coating is less than the diameter of the peanut. The finished product will be placed in a round metal canister with a plastic flavor saver lid and have a net weight of 240 grams / 8.45 ounces. The applicable subheading for the Nori Wasabi flavor coated peanuts, if entered while the Tariff Rate Quota remains open, will be 2008.11.4500, Harmonized Tariff Schedule of the United States (HTSUS), 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. Articles classifiable under subheading 2008.11.4500, HTSUS, which are products of Thailand, may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term “GSP”. The applicable subheading for the Nori Wasabi flavor coated peanuts, if entered after the quota has closed, will be 2008.11.6000, HTSUS, 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. 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 Nathan Rosenstein at (646) 733-3030. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division