HQ 089650
July 31,1991
CLA -2 CO: R:C:F 089650 JGH
Tariff No.: 2008.11
Mr. Ernesto Sagana
Fiesta Commodities
12531 Old River Sch. Rd. #9
Downey, CA. 902421
RE: Classification of coated and roasted peanuts from
the Philippines under the Harmonized Tariff Schedule
of the United States (HTSUS).
Dear Sir:
This is in further reference to your letter of May 20, 1991,
on the tariff status of certain peanut products called, "Nagaraya
Cracker Nuts" and "Growers (brand) Less-Grease Peanuts." Samples
of the products were submitted. Your questions concerning the
quota status of these products were answered in the letter from
the Quota Branch dated May 31, 1991.
FACTS:
The "Cracker Nuts" are peanuts cooked with a thin coating of
wheat flour, glucose, salt, sugar, butter and baking powder.
"Growers" peanuts are prepared with salt, garlic, coconut
oil and monosodium glutamate.
ISSUE:
Classification of certain peanut products under the HTSUS.
-2-
LAW AND ANALYSIS:
Heading 2008, HTSUS, covers fruit, nuts and other edible
parts of plants, otherwise prepared or preserved, whether or not
containing added sugar or other sweetening matter. The
Explanatory Notes to the HTSUS provides guidance to the coverage
of the individual HTSUS provisions on the international level.
They state, in regard to the scope of heading 2008, that it
includes almonds, ground nuts, and other nuts, dry-roasted, oil-
roasted, or fat-roasted, whether or not containing or coated with
vegetable oil, salt, flavours, spices or other additives.
HOLDING:
The peanut products in issue are classifiable under the
provision for other peanuts, otherwise prepared or preserved,
whether or not containing added sugar or other sweetening
matter, not elsewhere specified or included, in subheading
2008.11.00, HTSUS. The rate of duty is 6.6 cents per kg.
Peanuts classifiable in subheading 2008.11.00 are subject to
the quota restraints of subheading 9904.20.20, HTSUS.
Sincerely,
John Durant, Director
Commercial Rulings Division
1cc Quota Branch
6cc N.Y., A.D. Seaport
2cc CIE
hurley library/peh
089650