The tariff classification of peanuts packed in syrup fromChina.

NY C88664 June 11, 1998 CLA-2-20:RR:NC:2:231 C88664 CATEGORY: Classification TARIFF NO.: 2008.11.4500; 2008.11.6000 Mr. Bob Somerville F.C. Gerlach and Company, Inc. 290 Central Avenue, Suite 105 Lawrence, NY 11559 RE: The tariff classification of peanuts packed in syrup from China. Dear Mr. Somerville: In your letter, dated June 3, 1998, you have requested a tariff classification ruling on behalf of your client, Strong International, Inc. The product is Redolent brand "Milk Peanut Soup." The ingredients are 68.2 percent water, 13 percent sugar, 12 percent blanched groundnuts, and 6 percent milk. The product is packed in a tin plate can with a spoon. The net weight is 12 fluid ounces. The applicable subheading for "Milk Peanut Soup," 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