CLA-2-20:S:N:N7:231 813014
Mr. Robert Feitel
Worldsnax, LLC
1001 26th Street NW, Apt. 603
Washington, DC 20037
RE: The tariff classification of peanuts from the Netherlands.
Dear Mr. Feitel:
In your letter, dated July 26, 1995, you have requested a
tariff classification ruling.
An examination of the sample submitted, "Tiger Nuts," indicates that
the products are thinly coated peanuts. There are five variations of the
item, and each has a slight difference in spice/flavoring ingredients. The
products are described thus:
1. Mexicano Tiger Nuts - The ingredients are peanuts, starch, modified
starch, vegetable oil, hydrogenated vegetable oil, salt, sugar, flavoring,
hydrolyzed vegetable protein, spices, garlic powder, onion powder, vegetable
juice, and caramel color.
2. Pizza-Tomato Tiger Nuts - The ingredients are peanuts, rice flour,
modified starch, vegetable oil, hydrogenated vegetable oil, starch, sugar,
flavoring, salt, vegetable juice, hydrolyzed vegetable protein, and flavor
enhancers.
3. Bacon-Cheese Tiger Nuts - The ingredients are peanuts, rice flour,
modified starch, vegetable oil, hydrogenated vegetable oil, starch, sugar,
flavoring, salt, flavor enhancer, vegetable juice, and spices.
4. Chili Tiger Nuts - The ingredients are peanuts, starch, modified starch,
vegetable oil, hydrogenated vegetable oil, flavoring, salt, sugar, hydrolyzed
vegetable protein, and spices.
5. Bros. Tiger Nuts - The ingredients are peanuts, starch, vegetable oil,
hydrogenated vegetable oil, salt, sugar, modified starch, hydrolyzed
vegetable protein, wheat flour, egg powder, flavoring, spices, dried
vegetables, vegetable juice, onion extract, and flavor enhancers.
The applicable subheading for the "Mexicano Tiger nuts," "Pizza-Tomato
Tiger Nuts," "Bacon-Cheese Tiger Nuts," "Chili Tiger Nuts," and "Bros. Tiger
Nuts," 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 151.1
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.
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