CLA-2-20:OT:RR:NC:2:231
Ms. Jennifer Lee
Eagle High International, Inc.
13825 Bentley Place
Cerritos, CA 90703
RE: The tariff classification of coated peanuts from Thailand.
Dear Ms. Lee:
In your letter dated September 23, 2011, you requested a tariff classification ruling.
A sample identified as baked, crunchy barbecue-flavored coated peanuts was submitted for our examination. The sample is in the form of a retail-labeled metal can containing numerous individual peanut kernels, each with its own light-brown-colored crispy coating having a somewhat salty/tangy flavor. Our examination of the individual coated pieces indicates that the peanut kernel within each comprises the majority of the item’s overall cross section (i.e., well over half the total diameter).
The ingredients are stated to be peanuts, wheat flour, glutinous rice flour, corn flour, vegetable oil, barbecue flavor, sugar and salt. You have indicated that the product will also be offered in flavors other than barbecue, e.g., wasabi, chicken, and shrimp. For the purposes of this ruling, it is assumed that all of these varieties will have essentially the same component proportions and configuration exhibited by the submitted sample.
The applicable subheading for the 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 general rate of duty will be 6.6 cents per kilogram.
The Generalized System of Preferences (GSP) expired last year. However, if the GSP is reinstated, articles classifiable under subheading 2008.11.4500, HTSUS, which are products of Thailand, may be entitled to duty-free treatment under the GSP upon compliance with all applicable regulations. The GSP, however, is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term “GSP”.
The applicable subheading for the 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.
Since you also asked, in a separate email message, about country of origin marking requirements, we are providing the following as general information:
The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.
Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases in which the words “United States,” or “American,” the letters “U.S.A.,” any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by “Made in,” “Product of,” or other words of similar meaning.
In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears.
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