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 prepared pistachio nuts from Colombia.

Dear Mr. Llano Dominguez:

In your letter dated February 4, 2013, you requested a tariff classification ruling.

The goods in question are “toasted, salted pistachios” put up for retail sale in sealed, 35-gram metallized-plastic pouches. The ingredients are dry-roasted pistachios and salt. The pistachios are in the form of whole, in-shell nuts, but the shells are partially split open.

The applicable subheading for the “toasted, salted pistachios” will be 2008.19.3020, 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: pistachios. The general rate of duty will be 1 cent per kilogram.

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