CLA-2-20:RR:NC:2:231 C88664
Mr. Bob Somerville
F.C. Gerlach and Company, Inc.
290 Central Avenue, Suite 105
Lawrence, NY 11559
RE: The tariff classification of peanuts packed in syrup from
China.
Dear Mr. Somerville:
In your letter, dated June 3, 1998, you have requested a
tariff classification ruling on behalf of your client, Strong
International, Inc.
The product is Redolent brand "Milk Peanut Soup." The
ingredients are 68.2 percent water, 13 percent sugar, 12 percent
blanched groundnuts, and 6 percent milk. The product is packed
in a tin plate can with a spoon. The net weight is 12 fluid
ounces.
The applicable subheading for "Milk Peanut Soup," if
imported in quantities that fall within the limits described in
additional U.S. note 2 to chapter 12, will be 2008.11.4500,
Harmonized Tariff Schedule of the United States (HTS), 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 rate of duty will be 6.6
cents per kilogram. If the quantitative limits of additional
U.S. note 2 to chapter 12 have been reached, the product will be
classified in subheading 2008.11.6000, HTS, and will be dutiable
at 139.5 percent ad valorem. In addition, products classified in
subheading 2008.11.6000, HTS, will be subject to additional
duties based on their value, as described in subheadings
9904.12.01 - 9904.12.19, HTS.
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, DC 200204
This ruling is being issued under the provisions of Part 177
of the Customs Regulations (19 CFR 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 Ralph
Conte at (212) 466-5759.
Sincerely,
Robert B. Swierupski
Director
National Commodity
Specialist Division