CLA-2 CO:R:C:F 089864 STB
TARIFF No.: 2008.11.0000, 1905.90.1060
Mr. Andrew Anspach
Triad Trading Corp.
1120 Ave. of Americas
Suite 4040
New York, NY 10036
RE: Importation of "japanese style" peanuts from Mexico
Dear Mr. Anspach:
This is in reference to your telephonic inquiry of July 8,
1991, concerning the importation from Mexico of "japanese style"
peanuts.
Your question concerned the United States peanut quota and
the classification of "japanese style" peanuts. First, we would
like to note that our office does not have the authority to
modify the amount of imported peanuts allowed under the quota.
Quotas are established by legislation of the United States
Congress, by directives, and by proclamations issued under the
authority of specific legislation. Although the majority of
import quotas are administered by the U.S. Customs Service,
Customs does not establish these quotas. The Commissioner of
Customs controls the importation of quota merchandise, but has no
authority to change or modify any quota. If you desire to
discuss the establishment and modification of quotas, you should
contact the Office of the United States Trade Representative at
600 Seventeenth Street, N.W. Washington, D.C. 20506.
It is possible that the importation of your product may not
be affected by the peanut quota. Based on precedents and a court
case involving the tariff classification of this type of snack
food, Customs has ruled that where the peanut is covered only
with a thin coating, which easily crumbles and does not obscure
the shape of the peanut, the product is classified as a prepared
or preserved peanut in subheading 2008.11.00, HTSUSA, and is
subject to the quota restraints. However, where the baked
coating on the peanut is as thick or thicker than the peanut,
resulting in a product which is rather spherical in shape and not
readily recognizable as a peanut, the product is classifiable
under the provision for bread, -2-
similar baked products, in subheading 1905.90.1060, Harmonized
Tariff Schedule of the United States Annotated (HTSUSA), and
dutiable at a free rate of duty.
If you are uncertain as to how your product compares with
the above guidelines, and if you have not already received a
ruling from Customs concerning the classification of your
product, it is in your best interests to obtain such a ruling.
To obtain a ruling, you should send a ruling request to any
Customs District Director or to the Area Director of Customs, New
York Seaport, 6 World Trade Center, New York, N.Y. 10048. Your
request should include a sample and specific description of the
product.
To further assist you, we have enclosed a book entitled
Importing into the United States. This book explains the
procedures and regulations that must be followed in order to
import into the U.S. We have also enclosed two leaflets one of
which is entitled "District Rulings Program" and the other
"Import Quotas."
Sincerely,
John Durant, Director
Commercial Rulings Division
Enclosures