The tariff classification of coated peanuts and a snack mix from Indonesia

N308788 January 28, 2020 CLA-2-19:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 1905.90.1090, 2008.11.4500, 2008.11.6000 Mr. William J. Marston Service Shipping Inc. 1550 E. Higgins Rd. Elk Grove Village, IL 60007 RE: The tariff classification of coated peanuts and a snack mix from Indonesia Dear Mr. Marston: In your letter dated January 7, 2020, you requested a tariff classification ruling on behalf of your client, Asoour Brothers, IL. An ingredients breakdown, manufacturing flowchart and samples accompanied your inquiry. The samples were examined and discarded. Roasted Coated Peanuts Chili Flavor (Product named IYES BIG) is said to contain approximately 33 percent peanuts, 25 percent maize starch, 18 percent wheat flour, 14 percent sugar, 5 percent palm olein, 4 percent chili seasoning, and trace amounts of ammonium bicarbonate, salt, and monosodium glutamate. The thickness of the coating is equal to or greater than the diameter of the contained peanut. That is, the peanut generally constitutes less than half the cross-section diameter of the overall unit. The product will be imported in retail packaging, in bags, 100 grams each, net weight. Mix Nuts and Snacks – black pepper smoked is said to contain approximately 23 percent wheat flour, 17 percent yellow peas, 14 percent broad beans, 12 percent peanuts, 8 percent maize starch, 7 percent tapioca, 7 percent palm olein, 6 percent sugar, 3 percent smoke seasoning, 2 percent of black pepper seasoning, and trace amounts of salt, ammonium bicarbonate, monosodium glutamate, and baking powder. The product will be imported in retail packaging, in bags, 60 grams each, net weight. Roasted Peanuts Chili Flavor (Product named IYES) is said to contain 65 percent peanuts, 14 percent wheat flour, 8 percent maize starch, 8 percent sugar, 3 percent chili seasoning, 1 percent palm olein, and trace amounts of salt, ammonium bicarbonate, and monosodium glutamate. The product will be imported in retail packaging, in bags, 12 grams each, net weight. The applicable subheading for the Roasted Coated Peanuts Chili Flavor (Product named IYES BIG) will be 1905.90.1090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for bread, pastry, cakes, biscuits and other bakers’ wares . . . other . . . bread, pastry, cakes, biscuits and similar baked products . . . other . . . other. The general rate of duty will be free. The applicable subheading for the Mix Nuts and Snacks – black pepper smoked, and the Roasted Peanuts Chili Flavor (Product named IYES) will be 2008.11.4500, 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 Mix Nuts and Snacks – black pepper smoked, and the Roasted Peanuts Chili Flavor (Product named IYES), if entered outside the quota, 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, HTSUS, will be subject to additional safeguard duties based on their value, as described in subheadings 9904.12.01 – 9904.12.19. 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 the World Wide Web at https://hts.usitc.gov/current. 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 Bruce N. Hadley, Jr. at bruce.hadleyjr@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division