CLA-2-20:OT:RR:E:NC:2:231
Mr. Dwight Dehne
Nutco Inc.
30 Citizen Court
Markham, Ontario L6G 1C4
Canada
RE: The tariff classification of chopped, dry-roasted peanuts from Canada.
Dear Mr. Dehne:
In your letter dated February 5, 2009, you requested a tariff classification ruling.
Although your letter does not give details, it appears to indicate that your company plans to manufacture chopped, dry-roasted peanuts from raw peanuts originating in Argentina or the United States. It is understood that you are seeking the proper tariff classification for the finished chopped/roasted nuts, which your company will presumably export to the U.S. The chopped/roasted peanuts, which will be packed in vacuum-sealed cartons of various sizes, are said to be principally used as an ingredient in confectionery and ice cream products.
You believe that the chopped, dry-roasted peanuts may be classifiable in subheading 2008.11.2500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for certain “blanched peanuts.” However, we note that peanuts that have been subjected to processing other than, or in addition to, blanching, generally fall in residual HTSUS provisions for peanuts.
The applicable subheading for the dry-roasted chopped peanuts, if entered under quota, will be 2008.11.4500, 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 general rate of duty will be 6.6 cents per kilogram.
The applicable subheading for the dry-roasted chopped peanuts, if entered outside the quota, 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 general rate of duty will be 131.8 percent ad valorem. Products classified in subheading 2008.11.6000, HTSUS, are also subject to additional safeguard duties based on their value, as described in subheadings 9904.12.01—9904.12.19, HTSUS.
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/.
These goods may be subject to regulations or restrictions administered by the U.S. Department of Agriculture, Animal and Plant Health Division (APHIS), and Agricultural Marketing Service (AMS). You may contact these agencies regarding possible applicable regulations at the following locations:
U.S. Department of Agriculture
APHIS
Plant Protection and Quarantine Permit Unit
4700 River Road, Unit 136
Riverdale, MD 20737-1236
Telephone number: 877-770-5990
Marketing Order Administration Branch
Fruit and Vegetable Programs
USDA
AMS
4700 River Road, Unit 155, Suite 5D03
Riverdale Park, MD 20737-1227
Telephone: (301) 734-5246
FAX: (301) 734-5275
This merchandise is also 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,
Robert B. Swierupski
Director
National Commodity Specialist Division