CLA-2-20:OT:RR:NC:N2:231
Mr. Gustavo A. Llano Dominguez
Manitoba Ltda.
Cra 8 No. 34-56
Cali
Valle del Cauca 579986
Colombia
RE: The tariff classification of peanut butter from Colombia.
Dear Mr. Llano Dominguez:
In your letter dated February 4, 2013 you requested a tariff classification ruling.
The merchandise in question is “creamy peanut butter” put up in 300-gram plastic retail jars or other forms/sizes of packaging. It is a smooth, brown spread made from fried peanuts, sugar, salt, emulsifier (glycerol esters and fatty acid compounds) and antioxidant (BHA). It is said to be manufactured by mixing, grinding and homogenizing the foregoing ingredients.
The applicable subheading for the “creamy peanut butter,” if entered under quota, will be 2008.11.0500, 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: other, including mixtures: peanuts (ground-nuts): peanut butter and paste: described in additional U.S. note 5 to chapter 20 and entered pursuant to its provisions. The rate of duty will be free.
The applicable subheading for the “creamy peanut butter,” if entered outside the quota, will be 2008.11.1500, 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): peanut butter and paste: other. The general rate of duty will be 131.8 percent ad valorem.
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