The tariff classification of prepared peanuts from Colombia.

N238159 February 26, 2013 CLA-2-20:OT:RR:NC:N2:231 CATEGORY: Classification TARIFF NO.: 2008.11.4500; 2008.11.6000 Mr. Gustavo A. Llano Dominguez Manitoba Ltda. Cra 8 No. 34-56 Cali Valle del Cauca 579986 Colombia RE: The tariff classification of prepared peanuts from Colombia. Dear Mr. Llano Dominguez: In your letter dated February 5, 2013, you requested a tariff classification ruling on two types of prepared peanuts. The first item consists of “sweetened peanuts” put up for retail sale in a sealed, 40-gram metallized-plastic pouch. These are peanut kernels which have been cooked and thinly coated with sweet syrup. The ingredients are peanuts, sugar, glucose and antioxidant. The second item consists of “sesame seed peanuts” put up for retail sale in a sealed, 50-gram metallized-plastic pouch. These are peanut kernels which have been cooked and thinly coated with sweet syrup and sesame seeds. The ingredients are peanuts, sugar, sesame seeds, glucose and antioxidant. The applicable subheading for the “sweetened peanuts” and the “sesame seed peanuts,” if imported 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 general rate of duty will be 6.6 cents per kilogram. The applicable subheading for the “sweetened peanuts” and the “sesame seed peanuts,” if imported after the tariff-rate 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 general rate of duty will be 131.8% ad valorem. 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 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 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 Nathan Rosenstein at (646) 733-3030. Sincerely, Thomas J. Russo Director National Commodity Specialist Division