CLA-2-20:OT:RR:NC:2:231
Ms. Margaret Eckert
German Agricultural Marketing Board - CMA
42 Lehigh Lane
Hicksville, NY 11801
RE: The tariff classification of coated peanuts from Germany.
Dear Ms. Eckert:
In your letter dated March 11, 2009, you requested a tariff classification ruling on behalf of Lorenz Bahlsen Snack World GmbH & Co. KG.
Samples identified as “Nic Nacs Double-Crunch Peanuts” (put up in 125-gram printed retail bags) were submitted for our examination. The bags contain individual peanut kernels, each with its own orange-brown colored crispy coating having a somewhat salty/smoky flavor.
The ingredients of the product are stated to be peanut kernels, corn starch, wheat flour, vegetable oil, sugar, modified corn starch, potato starch, salt, partly hydrogenated vegetable fat, maltodextrin, diphosphates, sodium carbonate, flavoring, soya protein, cheese powder, monosodium glutamate and yeast. A flow chart indicates that the peanut kernels are coated, fried and seasoned prior to being packaged.
Your letter raises the possibility that these goods might be classifiable in heading 1905 of the Harmonized Tariff Schedule of the United States (HTSUS), which provides for certain bakers’ wares. However, our examination of numerous, randomly selected individual samples indicates that the diameter of the peanut kernel itself is more than half the diameter of the overall cross section of the item. Therefore, in accordance with our practice in such circumstances, the items will be classified as peanuts.
Accordingly, the applicable subheading for the “Nic Nacs” coated peanuts, if entered while the tariff-rate quota remains open, will be 2008.11.4500, HTSUS, 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.
The applicable subheading for the “Nic Nacs” coated peanuts, if entered after the quota has closed, will be 2008.11.6000, HTSUS, 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: other. The rate of duty will be 131.8% ad valorem. Also, products classified in subheading 2008.11.6000, HTSUS, are subject to additional safeguard duties based on their value, as described in subheadings 9904.12.07—9904.12.17.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.
These goods may be subject to regulations or restrictions administered by the U.S. Department of Agriculture, Animal and Plant Health Division (APHIS), and Agricultural Marketing Service (AMS). You may contact these agencies regarding possible applicable regulations at the following locations:
U.S. Department of Agriculture
APHIS
Plant Protection and Quarantine Permit Unit
4700 River Road, Unit 136
Riverdale, MD 20737-1236
Telephone number: 877-770-5990
Marketing Order Administration Branch
Fruit and Vegetable Programs
USDA
AMS
4700 River Road, Unit 155, Suite 5D03
Riverdale Park, MD 20737-1227
Telephone: (301) 734-5246
FAX: (301) 734-5275
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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 Nathan Rosenstein at (646) 733-3030.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division