The tariff classification of coated peanuts and snack mix from China.

NY H86556 January 14, 2002 CLA-2-19:RR:NC:2:228 H86556 CATEGORY: Classification TARIFF NO.: 1905.90.1090, 2008.11.4500, 2008.11.6000 Mr. Adam Aurecchione Tomen America Inc. 1285 Avenue of the Americas New York, NY 10019-6028 RE: The tariff classification of coated peanuts and snack mix from China. Dear Mr. Aurecchione: In your letter dated December 13, 2001, you requested a tariff classification ruling. Samples of five products and ingredients breakdowns were submitted with your letter. The samples were examined and disposed of. New Yoshiki, Peanut Cracker Mix, Red Peanut Ball, Ware Pea, and Arare Mix are snack foods comprised of peanuts coated with a batter consisting mainly of wheat flour, sugar, rice and corn starch, and soy sauce, and baked until crisp. Some of the snacks may also contain salt, monosodium glutamate, dried seaweed and sesame seeds. The batter coatings vary in thickness and shape. Some are spherical or oval shaped, with a thickness greater than the peanut. Others are thin coatings that barely obscure the peanuts within them. The Arare Mix also contains irregularly shaped crackers made from a dough consisting of rice, tapioca and/or corn starch, seasoned with soy sauce, chili pepper, caramel and sugar. It is steamed, kneaded, extruded, cut to shape, baked, and seasoned. The applicable subheading for the Arare Mix and Ware Pea will be 1905.90.1090, Harmonized Tariff Schedule of the United States (HTS), which provides for bread, pastry, cakes biscuits and other baker’s wares, whether or not containing cocoa…other…bread, pastry, cakes, biscuits and similar baked products…other…other. The rate of duty will be free. The applicable subheading for New Yoshiki, Peanut Cracker Mix, Red Peanut Ball snacks, if entered under quota, 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. The applicable subheading for New Yoshiki, Peanut Cracker Mix, Red Peanut Ball snacks, if entered outside the quota, will be 2008.11.6000, 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, other. The rate of duty will be 131.8 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. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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 Stanley Hopard at 646-733-3029. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division