NY 874691
MAY 22,1992
CLA-2-20:S:N:N1:231 874691
Ms. Deborah J. Clune
PBB USA INC.
434 Delaware Avenue
Buffalo, N.Y. 14202
RE: The tariff classification of "Chipnuts" from the Canada.
Dear Ms. Clune:
In your letter dated May 19, 1992, on behalf of Picard
Peanuts Ltd. of Windham Centre, Ontario, you requested a tariff
classification ruling.
An examination of the sample submitted indicates that they
are thinly coated individual peanuts. The ingredients are listed
as follows: 55% raw peanut, 40% dehydrated potato and modified
foodstarch and 5% vegetable oil, maltodextrin, salt and flavor.
The package size will be 6 ounces. The peanuts will be of
Chinese origin.
The applicable subheading for these coated peanuts will be
2008.11.0060, Harmonized Tariff Schedule of the United States
(HTS), which provides for Fruits, 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. The rate of duty will be 6.6 cents per kilo.
Goods classifiable under subheading 2008.11.0060, HTS, which
have originated in the territory of Canada, will be entitled to a
rate of duty of 3.9 cents per kilo under the United States-
Canada Free Trade Agreement (FTA) upon compliance with all
applicable regulations.
In addition, the peanuts are subject to quota limitations of
775,189 kilos in any 12-month period beginning August 1 in any
year as set forth in subheading 9904.20.20, Harmonized Tariff
Schedule of the United States.
Additional requirements may be imposed on this product by
the Food and Drug Administration. You may contact the FDA at:
Food And Drug Administration
Division of Regulatory Guidance
200 C Street, S.W.
Washington, D.C. 20204
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport