CLA-2-20:S:N:N7:231 884378
Mr. Leonard M. Fertman
2049 Century Park East
Suite 1800
Los Angeles, California 90067
RE: The tariff classification of mixtures of rice crackers and
salted peanuts from Japan.
Dear Mr. Fertman:
In your letter dated March 26, 1993, on behalf of Nishimoto
Trading Company, you requested a tariff classification ruling.
The products in question, "Kakinotane" and Shichimiarare", are
described as snack foods consisting of baked rice crackers with spices
added, combined with salted peanuts and put up for retail sale in cellophane
packages.
The applicable subheading for the mixture of baked rice crackers with
salted peanuts will be 2008.11.0060, Harmonized Tariff Schedule of the United
States (HTS), which provides for fruits, 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. The rate of duty will be 6.6 cents
per kilogram.
In addition, peanuts are subject to quota limitations of 775,189 kilos
in any 12-month period beginning August 1 in any year as set forth in
subheading 9904.20.20, Harmonized Tariff Schedule of the United States.
Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304),
provides, in general, that all articles of foreign origin imported into the
United States must be legibly, conspicuously, and permanently marked to
indicate the English name of the country of origin to an ultimate purchaser
in the United States. The implementing regulations to 19 U.S.C. 1304 are set
forth in Part 134, Customs Regulations (19 CFR Part 134). The samples you
have submitted do not appear to properly be marked with the country of
origin. You may wish to discuss the matter of country of origin marking with
the Customs import specialist at the proposed port of entry.
There are also other agencies whose rules and regulations may impact
upon the importation of these snack mixes. Information regarding applicable
regulations administrated by the U.S. Food and Drug Administration may be
located at:
U.S. Food and Drug Administration
Division of Regulatory Guidance
HFF 314, 200 C Street, S.W.
Washington, D.C. 20204
This ruling is being issued under the provisions of Section 177 of the
Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry documents
filed at the time this merchandise is imported. If the documents have been
filed without a copy, this ruling should be brought to the attention of the
Customs officer handling the transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport