CLA-2 CO:R:C:F 954648 JGH
Ms. Sandra L. Petersen
ConAgra Dried Fruit & Nut Company
1050 Sansome Street
Suite 400
San Francisco, California 94111-1334
RE: Classification of "Chinese pumpkin seed kernels";
Reconsideration of New York Ruling Letter (NYRL) 885798,
dated May 25, 1993
Dear Ms. Petersen:
In your letter of June 14, 1993, to the Area Director, New
York Seaport, you inquire why pumpkin seeds are classifiable
under the provision for seeds of a kind used for sowing, other
vegetable seeds, in subheading 1209.91.8080, HTSUS.
FACTS:
The seeds are described as raw, shelled, pumpkin seed
kernels.
ISSUE:
Classification of raw, shelled pumpkin seeds.
LAW & ANALYSIS:
Heading 1209 covers seeds which are predominantly used for
sowing. The fact that the particular seed is no longer capable
of germination, according to the Explanatory Notes (ENs) to
Heading 1209, does not remove them from this heading; the ENs
further state that the seeds classified in Chapter 12 may be
whole, broken, crushed, husked,or shelled; that they may have
undergone moderate heat treatment designed mainly to ensure
better preservation, for de-bittering, or to facilitate their use
does not remove them from classification as seeds; however, the
ENs emphasize such treatment is only permitted if it does not
alter the character of the seeds as natural products and does not
make them suitable for a specific use rather than a general use. - 2 -
The seeds in question are described as raw, shelled pumpkin
seeds; they were not roasted and salted or otherwise prepared or
preserved; nor are they vegetable products used primarily for
human consumption in heading 1212, or are they predominantly used
as oil bearing seeds in heading 1207, HTSUS, since their use as a
source of extractable oil is a minor one. Rather, as they remain
suitable for general use, they are classifiable as seeds in
heading 1209.
HOLDING:
Raw, shelled pumpkin seed kernels are classified as seeds
used for sowing , other vegetable seeds, in subheading
1209.91.8080, HTSUS.
NYRL 885798 is affirmed.
Sincerely,
John Durant, Director
Commercial Rulings Division