CLA-2-20:OT:RR:NC:2:231
Ms. Deborah Shawcross
Horse & Buggy Brands Inc.
120 Turnbull Crt., Unit L
Cambridge, Ontario N1T 1H9
Canada
RE: The tariff classification of coated peanuts, nut mixtures, and snack mixes from Canada.
Dear Ms. Shawcross:
In your letter dated July 22, 2009, you requested a tariff classification ruling. Several samples, each put up in a 140- or 150-gram retail bag, were submitted for our examination.
1) “Sweet & Salty Peanuts,” also known or marketed as “Honey Coated Peanuts,” are said to be made from raw blanched peanuts, sugar and water. All ingredients are cooked/panned together in copper kettles to form sugar-coated peanuts, which are then placed on a cooling table where they are lightly salted. The samples are peanut kernels having a thin, rough, beige-colored coating.
2) “Bar Nuts” are said to be made from red-skin peanuts, sugar, water and cocoa powder. All ingredients are cooked/panned together in copper kettles to form sugar-coated peanuts. The samples are peanut kernels having a thin, rough, dark-brown coating.
3) “Mixed Nut Treat” is a mixture of “Sweet & Salty Peanuts” (as described above), “Bar Nuts” (as described above), roasted/salted cashew pieces, and crunchy almonds (consisting of raw almonds that have been prepared with sugar and water using the same kettle-cooking process described above).
4) Spicy “BBQ Peanuts” are made by placing blanched, canola-oil-roasted peanuts in a mixing kettle and adding BBQ seasoning consisting of salt, spice, yeast, sugar, garlic powder, smoke flavor, onion powder, sodium inosinate, disodium guanylate, color, vegetable oil, silicon dioxide and MSG. Spicy “Smokin’ Chipotle Peanuts” are the same but contain chipotle powder in addition to the foregoing BBQ seasoning ingredients. The samples of both of these spicy varieties are peanut kernels that appear to have been dusted with a reddish-brown substance.
5) “Cajun Mix” is a blend of “Sweet & Salty Peanuts” (item 1 above), “BBQ Peanuts” (item 4 above), “Cajun Corn Sticks” and “Sesame Sticks.” (The corn sticks and sesame sticks appear to be biscuit-type products.) The peanut ingredients in this mix are said to comprise two-thirds of the overall recipe.
The applicable subheading for the “Sweet & Salty Peanuts/Honey Coated Peanuts,” “Bar Nuts,” “BBQ/Smokin’ Chipotle Peanuts,” and the “Cajun Mix” (items 1, 2, 4 and 5), if entered while the tariff-rate quota remains open, will be 2008.11.4500, 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: 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 “Sweet & Salty Peanuts/Honey Coated Peanuts,” “Bar Nuts,” “BBQ/Smokin’ Chipotle Peanuts,” and the “Cajun Mix” (items 1, 2, 4 and 5), if entered after the quota has closed, 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% ad valorem. Also, products classified in subheading 2008.11.6000, HTSUS, may be subject to additional safeguard duties based on their value, as described in subheadings 9904.12.07—9904.12.17.
The applicable subheading for the “Mixed Nut Treat” (item 3) will be 2008.19.8500, 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: other, including mixtures: mixtures. The general rate of duty will be 22.4% 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.
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 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