HQ 086251: Importation of "japanese style" peanuts from Mexico

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 086251
                   April 17, 1990

CLA-2:CO:R:C:G  086251  STB

CATEGORY:  Classification

TARIFF No.: 2008.11.00, 1905.90.1060

Ing. Miguel Meguro Yamazaki
Vicente Suarez No. 28
53100 Ciudad Satelite
Edo. de Mexico, Mexico

RE:  Importation of "japanese style" peanuts from Mexico

Dear Mr. Yamazaki:

     This is in reference to your letter dated January 4, 1990,
concerning the importation from Mexico of "japanese style"
peanuts.

     The primary concern that you address in your letter has to
do with the amount of the United States peanut quota.  First, we
would like to note that our office does not have the authority to
modify the amount of imported peanuts allowed under the quota.
Quotas are established by legislation of the United States
Congress, by directives, and by proclamations issued under the
authority of specific legislation.  Although the majority of
import quotas are administered by the U.S. Customs Service,
Customs does not establish these quotas.  The Commissioner of
Customs controls the importation of quota merchandise, but has no
authority to change or modify any quota.  If you desire to
discuss the establishment and modification of quotas, you should
contact the Office of the United States Trade Representative at
600 Seventeenth Street, N.W. Washington, D.C. 20506.

     It is possible, however, that the importation of your
product may not be affected by the peanut quota.  Based on
precedents and a court case involving the tariff classification
of this type of snack food, Customs has ruled that where the
peanut is covered only with a thin coating, which easily crumbles
and does not obscure the shape of the peanut, the product is
classified as a prepared or preserved peanut in subheading
2008.11.00 HTSUSA, and subject to the quota restraints.  However,
where the baked coating on the peanut is as thick or thicker than
the peanut, resulting in a product which is rather spherical in
shape and not readily recognizable as a peanut, the product is
classifiable under the provision for bread, pastry, cakes,
biscuits and similar baked products, in subheading 1905.90.1060,
Harmonized Tariff Schedule of the United States Annotated

                               -2-


(HTSUSA), and dutiable at a free rate of duty.

     If you are not sure how your product compares with the above
guidelines, and if you have not already received a ruling from
Customs concerning the classification of your product, it is in
your best interests to obtain such a ruling.  To obtain a ruling,
you should send a ruling request to any Customs District Director
or to the Area Director of Customs, New York Seaport, 6 World
Trade Center, New York, N.Y. 10048.  Your request should include
a sample and specific description of your product.

     To further assist you, we have enclosed a book entitled
Importing into the United States.  This book explains the
procedures and regulations that must be followed to import into
the U.S.  We have also enclosed a leaflet entitled "District
Rulings Program" to assist you in any ruling requests.

                             Sincerely,




                             Jerry Laderberg, Acting Director
                             Commercial Rulings Division