CLA-2-20:OT:RR:NC:N2:231
Mr. Jong Woo Kim
Far East Forwarding Inc.
177-17 150th Avenue, Suite 203
Jamaica, NY 11434
RE: The tariff classification of coated peanuts from China.
Dear Mr. Kim:
In your letter dated April 5, 2012, you requested a tariff classification ruling on behalf of Wang Globalnet (Brooklyn, NY).
Samples representing three kinds of coated peanut snacks were submitted for our examination. Randomly selected pieces of each kind were examined and disposed of. The remaining samples are being returned to you as requested.
The first sample, labeled “Honey Coated Peanuts,” is a 108-gram retail pouch containing numerous individual peanut kernels, each thinly coated with a sweet/salty brown substance. The stated ingredients are peanuts, flour, sugar, honey, lactose, salt and corn oil. A processing flow chart indicates that this is a fried product.
The second sample, labeled “Seaweed Coated Peanuts,” is a 90-gram retail pouch containing numerous individual peanut kernels, each having a crispy brown coating with dark speckles. The stated ingredients are peanuts, flour, starch, sugar, plum powder, maltose and laver (seaweed). A processing flow chart indicates that this is a roasted product.
The third sample, labeled “Wasabi Coated Peanuts,” is a 90-gram retail pouch containing numerous individual peanut kernels, each having a crispy green coating. The stated ingredients are peanuts, flour, starch, sugar, wasabi powder and maltose. A processing flow chart indicates that this is a roasted product.
Our examination of the individual coated pieces within all of the above-described samples indicates that the peanut kernel itself generally comprises over half of the overall cross section (total diameter).
The applicable subheading for all of the above-described coated peanuts, if entered while the tariff-rate quota remains open, will be 2008.11.4500, Harmonized Tariff Schedule of the United States (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 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.
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,
Thomas J. Russo
Director
National Commodity Specialist Division