CBP Issues Revised ICP on Peanuts and Their Classification Under the HTS
U.S. Customs and Border Protection has revised its informed compliance publication entitled, What Every Member of the Trade Community Should Know About: Peanuts and their Classification under the HTSUS.
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This ICP was prepared by the National Commodity Specialist Division of Regulations and Rulings and provides guidance regarding the classification of peanuts1. The ICP was first published in November 1996 and has since been revised in July 2001, May 2004, May 2005, June 2006, and has now been revised in March 2008.
Based on a comparison of the June 2006 version and the revised March 2008 version of the ICP, the following changes were noted:
NAFTA TRQ Section Removed
CBP revised the "Quota" section to remove information on the North American Free Trade Agreement (NAFTA) tariff rate quota (TRQ) for originating peanuts from Mexico, as the TRQ terminated when Mexico received its full NAFTA benefits on January 1, 2008. (See ITT's Online Archives or 01/09/08 news, 08010910, for BP summary.)
Updated List of Countries Subject to Peanut TRQs
The "Quota" section of the revised ICP has also been updated to add the following countries to the list of those whose trade agreements with the U.S. include a peanut TRQ:
Bahrain (HTS Chapter 99, Subchapter XIV, U.S. Note 9, and subheadings 9914.12.05, 9914.12.10 and 9914.12.20)
U.S.-Dominican-Republic-Central America Free Trade Agreement (DR-CAFTA) eligible countries (HTS Chapter 99, Subchapter XV, U.S. Notes 12 and 13, and subheadings 9915.12 and 9915.20)2
CBP's ICP on peanuts has also been revised to make technical corrections, update publication dates for reference material, etc.
ICP Provided for Informational Purposes Only
CBP states that the information provided in this publication is for general information purposes only. CBP cautions that because many complicated factors can be involved in customs issues, an importer may wish to obtain a ruling under CBP Regulations, 19 CFR Part 177, or obtain advice from an expert (such as a licensed Customs Broker, attorney or consultant) who specializes in customs matters. Reliance solely on the general information in this ICP may not be considered reasonable care.
1Peanuts are also known as groundnuts, earthnuts, goobers, pindas, pinders, and Manila nuts.
2According to the 2008 HTS, the following DR-CAFTA countries are currently eligible to enter peanuts under these DR-CAFTA peanut TRQs: El Salvador and Nicaragua.
(See ITT's Online Archives or 07/06/06 news, 06070630, for BP summary of the June 2006 peanut ICP.)
ICP on peanuts and their classification (revised March 2008) available at http://www.cbp.gov/linkhandler/cgov/toolbox/legal/informed_compliance_pubs/icp009r2.ctt/icp009r2.pdf