Classification of "Chinese pumpkin seed kernels"; Reconsideration of New York Ruling Letter (NYRL) 885798, dated May 25, 1993

HQ 954648 August 5, 1993 CLA-2 CO:R:C:F 954648 JGH CATEGORY: Classification TARIFF NO.: 1209.91.8080 Ms. Sandra L. Petersen ConAgra Dried Fruit & Nut Company 1050 Sansome Street Suite 400 San Francisco, California 94111-1334 RE: Classification of "Chinese pumpkin seed kernels"; Reconsideration of New York Ruling Letter (NYRL) 885798, dated May 25, 1993 Dear Ms. Petersen: In your letter of June 14, 1993, to the Area Director, New York Seaport, you inquire why pumpkin seeds are classifiable under the provision for seeds of a kind used for sowing, other vegetable seeds, in subheading 1209.91.8080, HTSUS. FACTS: The seeds are described as raw, shelled, pumpkin seed kernels. ISSUE: Classification of raw, shelled pumpkin seeds. LAW & ANALYSIS: Heading 1209 covers seeds which are predominantly used for sowing. The fact that the particular seed is no longer capable of germination, according to the Explanatory Notes (ENs) to Heading 1209, does not remove them from this heading; the ENs further state that the seeds classified in Chapter 12 may be whole, broken, crushed, husked,or shelled; that they may have undergone moderate heat treatment designed mainly to ensure better preservation, for de-bittering, or to facilitate their use does not remove them from classification as seeds; however, the ENs emphasize such treatment is only permitted if it does not alter the character of the seeds as natural products and does not make them suitable for a specific use rather than a general use. - 2 - The seeds in question are described as raw, shelled pumpkin seeds; they were not roasted and salted or otherwise prepared or preserved; nor are they vegetable products used primarily for human consumption in heading 1212, or are they predominantly used as oil bearing seeds in heading 1207, HTSUS, since their use as a source of extractable oil is a minor one. Rather, as they remain suitable for general use, they are classifiable as seeds in heading 1209. HOLDING: Raw, shelled pumpkin seed kernels are classified as seeds used for sowing , other vegetable seeds, in subheading 1209.91.8080, HTSUS. NYRL 885798 is affirmed. Sincerely, John Durant, Director Commercial Rulings Division