CLA-2-08:RR:NC:2:231 H80273

Mr. Lawrence Theriot
Lawrence Theriot and Associates
P.O. Box 17253
Washington, DC 20041-7253

RE: The tariff classification of raw, whole pistachio nut meats from Iran.

Dear Mr. Theriot:

This ruling is issued to correct a clerical error regarding the proper rate line for the merchandise which was the subject of ruling number NY G88568, dated April 19, 2001. The merchandise described therein are shelled pistachio. Shelled pistachios are described under the provision therefor in subheading 0802.50.4000, HTSUS. The merchandise is comprised of raw, whole pistachio nut meats that will be imported packed in bulk containers.

The applicable subheading for raw, whole pistachio nut meats will be 0802.50.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for other nuts, fresh or dried, whether or not shelled or peeled, pistachios, shelled. The rate of duty will be 1.9 cents per kilogram.

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 Thomas Brady at 212-637-7064.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division