The tariff classification of nuts and nut/fruit mixtures from Chile.

N124937 October 12, 2010 CLA-2-20:OT:RR:NC:2:231 CATEGORY: Classification TARIFF NO.: 0802.12.0000; 2008.19.1040; 2008.92.1040; 2008.92.9094 Mr. Jose Diaz G. Padilla & Co. PO Box 19521 Fernandez Juncos Sta., Santurce, PR 00910-9521 RE: The tariff classification of nuts and nut/fruit mixtures from Chile. Dear Mr. Diaz: In your letter dated September 21, 2010, you requested a tariff classification ruling on behalf of AlmoKing Corp. Four samples were submitted for our examination. Each sample consists of nuts, or nuts mixed with fruit, put up for retail sale in a five-ounce (net weight) retail can having metal ends and cardboard sides. Item #1, marked “King’s Treat Simply Natural Chilean Valley Almonds,” consists of shelled, natural, raw, unblanched almonds. No other ingredients are indicated. The applicable subheading for item #1 (almonds) will be 0802.12.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other nuts, fresh or dried, whether or not shelled or peeled: almonds: shelled. The rate of duty will be 24 cents per kilogram. Item #2, marked “Count Cashew—Whole Jumbo Size,” consists of shelled, prepared cashew nuts. The ingredients are stated to be cashews, sea salt and cottonseed oil. The applicable subheading for item #2 (cashews) will be 2008.19.1040, HTSUS, 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: other, including mixtures: Brazil nuts and cashews: cashews. The rate of duty will be free. Item #3, marked “Golden Mix,” is a snack mix consisting of shelled peanuts, shelled almonds, golden raisins, sea salt and sulfur dioxide. Item #4, marked “Queen’s Delight,” is a snack mix consisting of shelled peanuts, shelled almonds, dried cherries, sugar and sea salt. The applicable subheading for items #3 (“Golden Mix”) and #4 (“Queen’s Delight”), if imported in airtight cans, will be 2008.92.1040, HTSUS, 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: other, including mixtures other than those of subheading 2008.19: mixtures: in airtight containers and not containing apricots, citrus fruits, peaches or pears: other. The rate of duty will be 5.6 percent ad valorem. The applicable subheading for items #3 (“Golden Mix”) and #4 (“Queen’s Delight”), if imported in cans that are not airtight, will be 2008.92.9094, HTSUS, 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: other, including mixtures other than those of subheading 2008.19: mixtures: other: other: other. The rate of duty will be 14.9 percent ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html. 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 Nathan Rosenstein at (646) 733-3030. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division