CLA-2-23:RR:NC:2:231 C87338
Dr. Adam Benado
Bioseparations, Inc.
1414 17th Street NW, Unit 803
Washington, DC 20036
RE: The tariff classification and status under the North
American Free Trade Agreement (NAFTA) of peanut oilcake from
Canada; Article 509
Dear Dr. Benado:
In your letter dated April 25, 1998, you have requested a
ruling on the status of peanut oilcake from Canada under the
NAFTA.
The product, "Peanut Oilcake," is comprised of pressed
oilcake. During the manufacturing process, peanuts are cleaned,
deshelled, dehulled, and heated, either in a roasting oven or by
roasting in peanut oil. Afterwards the roasted peanuts are
pressed and more than 75 percent of the oil is removed. This
process results in peanut oil and press-cake. The press-cake may
be subjected to grinding, pelletization, extrusion/expansion, or
a clump-breaking operation.
The Peanut Oilcake will contain 8-16 percent oil. It will
be in the form of pellets (1/8 to 1/4 inch) or powder. The color
will be pale yellow to deep red, depending on the variety
feedstock and heat treatment.
The factory is located in Canada. The peanuts to be
processed in that factory will be grown in Argentina.
The applicable tariff provision for the "Peanut Oilcake"
will be 2305.00.0000, Harmonized Tariff Schedule of the United
States (HTS), which provides for oilcake and other solid
residues, whether or not ground or in the form of pellets,
resulting from the extraction of peanut (ground-nut) oil. The
general rate of duty will be 0.45 cents per kilogram.
Each of the non-originating materials used to make the
peanut oilcake has satisfied the changes in tariff classification
required under HTSUSA General Note 12(t)(23). Upon compliance
with all applicable laws, regulations, and agreements under
NAFTA, articles from Canada classifiable in subheading
2305.00.0000, HTS, will be subject to a free rate of duty.
This ruling is being issued under the provisions of Part 181
of the Customs Regulations (19 CFR 181).
This ruling letter is binding only as to the party to whom
it is issued and may be relied on only by that party.
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 Ralph
Conte at (212) 466-5759.
Sincerely,
Robert B. Swierupski
Director
National Commodity
Specialist Division