CLA-2-20:OT:RR:NC:N2:231
Mr. Kieran P. McNamara
Hoffman’s Trade Group, LLC
637 New Loudon Road
Latham, NY 12110
RE: The tariff classification of peanut butter from China.
Dear Mr. McNamara:
In your letter dated August 2, 2012, you requested a tariff classification ruling.
The merchandise is described as creamy peanut butter in 18-ounce plastic jars (12 jars per case). The ingredients are peanuts, sugar, hydrogenated vegetable oil and salt. The manufacturing process consists of roasting, blanching and grinding the peanuts, adding the other ingredients, then mixing/stirring and regrinding.
The applicable subheading for the creamy peanut butter, if entered under quota, will be 2008.11.0500, 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): peanut butter and paste: described in additional U.S. note 5 to chapter 20 and entered pursuant to its provisions. The rate of duty will be free.
The applicable subheading for the creamy peanut butter, if entered outside the quota, will be 2008.11.1500, 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): peanut butter and paste: other. The rate of duty will be 131.8 percent ad valorem. Also, products classified in subheading 2008.11.1500 will be subject to additional safeguard duties based on their value, as described in subheadings 9904.20.01—9904.20.09.
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