CLA-2-20:RR:NC:2:231 C85899

Mr. Valentin Kouame
King International Import Export, Inc.
2606 Pheasant Hollow Drive
P.O. Box 48
Plainsboro, NJ 08536

RE: The tariff classification of roasted peanuts from the Ivory Coast.

Dear Mr. Kouame:

In your letter, dated March 30, 1998, you have requested a tariff classification ruling.

The merchandise is comprised of roasted peanuts without husks. During the manufacturing process, raw peanuts without shells are roasted in a heated, closed cylinder and brown skin is removed. Then the whole, roasted peanuts are packaged in polyethylene bags, sealed, and placed in corrugated shipping cartons. The applicable subheading for the roasted peanuts, if imported in quantities that fall within the limits described in additional U.S. note 2 to chapter 12, will be 2008.11.4500, Harmonized Tariff Schedule of the United States (HTS), 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. If the quantitative limits of additional U.S. note 2 to chapter 12 have been reached, the product will be classified in subheading 2008.11.6000, HTS, and will be dutiable at 139.5 percent ad valorem. In addition, products classified in subheading 2008.11.6000, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.12.01 - 9904.12.19, HTS.

Additional requirements may be imposed on this product by the Food and Drug Administration. You may contact the FDA at:

Food and Drug Administration Division of Regulatory Guidance 200 C Street, S.W. Washington, DC 200204

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 Ralph Conte at (212) 466-5759.


Sincerely,

Robert B. Swierupski
Director
National Commodity
Specialist Division