The tariff classification of prepared peanuts from Colombia.

N239126 March 4, 2013 CLA-2-20:OT:RR:NC:N2:231 CATEGORY: Classification TARIFF NO.: 2008.11.4500; 2008.11.6000 Ms. Janeth Rendon Valencia Manitoba Ltda. Cra 8 No. 34-56 Cali Valle del Cauca 579986 Colombia RE: The tariff classification of prepared peanuts from Colombia. Dear Ms. Valencia: In your letters dated December 14, 2012 and February 5, 2013, you requested a tariff classification ruling. The goods in question are “Japanese Style Peanuts” put up for retail sale in a sealed, 40-gram metallized-plastic pouch. These are individual peanut kernels, each with a thin, crunchy, baked-dough coating having a salty flavor. Examination of samples randomly selected from those you submitted discloses that the peanut kernel itself generally comprises about 80% of each coated piece’s overall diameter (cross-section). The stated ingredients of the product are peanuts, fortified wheat flour, sugar, salt, corn syrup, hydrolyzed vegetable protein, monosodium glutamate and BHA (antioxidant). The applicable subheading for the “Japanese Style 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 “Japanese Style 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