CLA-2-20:OT:RR:NC:2:231
Mr. Rafael Acosta Castrodad
R. Acosta Food Brokerage
Centro Comercial
Turabo Gardens Ave.
Sufford Esq.
Calle 6
Caguas, Puerto Rico 00725
RE: The tariff classification of sweetened peanuts from Colombia.
Dear Mr. Castrodad:
In your letters dated May 29, 2009 and February 1, 2010, you requested a tariff classification ruling.
A submitted sample of the product in question is a 150-gram retail pouch of Manitoba®-brand “sweetened peanuts.” The pouch contains individual peanut kernels that have been thinly, roughly coated with a crunchy, sweet brown substance. (Some of the kernels, however, appear to be uncoated or only partially coated.) You previously submitted a breakdown of ingredients, by weight, indicating that the product contains 54% peanuts, 45.38% sugar, 0.60% corn syrup and 0.02% antioxidant. A production flow chart indicates that the product is made by cooking and mixing peanut kernels with a syrup made of the other ingredients. The individual, coated kernels are then separated and cooled.
The applicable subheading for the above-described sweetened peanuts, 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 rate of duty will be 6.6 cents per kilogram.
Articles classifiable under subheading 2008.11.4500, HTSUS, which are products of Colombia, may be entitled to duty-free treatment under the Generalized System of Preferences (GSP), or under the Andean Trade Preference Act (ATPA), upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP".
The applicable subheading for the sweetened peanuts, 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 rate of duty will be 131.8% ad valorem. Also, products classified in subheading 2008.11.6000, HTSUS, are subject to additional safeguard duties based on their value, as described in subheadings 9904.12.07—9904.12.17.
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