What Every Member of the 

Trade Community Should Know About: 

Peanuts and their 

Classification 

under the HTSUS 

AN INFORMED COMPLIANCE PUBLICATION 

MARCH 2008 
Peanuts and their classification under the HTSUS 

March 2008 

NOTICE:

This publication is intended to provide guidance and information to the trade community. 

It reflects the position on or interpretation of the applicable laws or regulations by U.S. 

Customs and Border Protection (CBP) as of the date of publication, which is shown on 

the front cover. It does not in any way replace or supersede those laws or regulations. 

Only the latest official version of the laws or regulations is authoritative. 

Publication History 

First Published: November 1996 

Revised July 2001 

Revised May 2004 

Revised May 2005 

Revised June 2006 

Revised March 2008 

PRINTING NOTE: 

This publication was designed for electronic distribution via the CBP website 

(http://www.cbp.gov) and is being distributed in a variety of formats. It was originally set 

up in Microsoft Word97®. Pagination and margins in downloaded versions may vary 

depending upon which word processor or printer you use. If you wish to maintain the 

original settings, you may wish to download the .pdf version, which can then be printed 

using the freely available Adobe Acrobat Reader®. 

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Peanuts and their classification under the HTSUS 

March 2008 

PREFACE 

On December 8, 1993, Title VI of the North American Free Trade Agreement Implementation 

Act (Pub. L. 103-182, 107 Stat. 2057), also known as the Customs Modernization or “Mod” Act, 

became effective. These provisions amended many sections of the Tariff Act of 1930 and 

related laws. 

Two new concepts that emerge from the Mod Act are “informed compliance” and “shared 

responsibility,” which are premised on the idea that in order to maximize voluntary compliance 

with laws and regulations of U.S. Customs and Border Protection, the trade community needs to 

be clearly and completely informed of its legal obligations. Accordingly, the Mod Act imposes a 

greater obligation on CBP to provide the public with improved information concerning the trade 

community's rights and responsibilities under customs regulations and related laws. In addition, 

both the trade and U.S. Customs and Border Protection share responsibility for carrying out 

these requirements. For example, under Section 484 of the Tariff Act, as amended (19 U.S.C. 

1484), the importer of record is responsible for using reasonable care to enter, classify and 

determine the value of imported merchandise and to provide any other information necessary to 

enable U.S. Customs and Border Protection to properly assess duties, collect accurate 

statistics, and determine whether other applicable legal requirements, if any, have been met. 

CBP is then responsible for fixing the final classification and value of the merchandise. An 

importer of record’s failure to exercise reasonable care could delay release of the merchandise 

and, in some cases, could result in the imposition of penalties. 

Regulations and Rulings (RR) of the Office of International Trade has been given a major role in 

meeting the informed compliance responsibilities of U.S. Customs and Border Protection. In 

order to provide information to the public, CBP has issued a series of informed compliance 

publications on new or revised requirements, regulations or procedures, and a variety of 

classification and valuation issues. 

This publication, prepared by the National Commodity Specialist Division of Regulations and 

Rulings is entitled “Peanuts and their classification under the HTSUS”. It provides guidance 

regarding the classification of these items. We sincerely hope that this material, together with 

seminars and increased access to rulings of U.S. Customs and Border Protection, will help the 

trade community to improve voluntary compliance with customs laws and to understand the 

relevant administrative processes. 

The material in this publication is provided for general information purposes only. Because 

many complicated factors can be involved in customs issues, an importer may wish to obtain a 

ruling under Regulations of U.S. Customs and Border Protection, 19 C.F.R. Part 177, or to 

obtain advice from an expert who specializes in customs matters, for example, a licensed 

customs broker, attorney or consultant. 

Comments and suggestions are welcomed and should be addressed to the Executive Director, 

Regulations and Rulings, Office of International Trade, U.S. Customs and Border Protection, 

1300 Pennsylvania Avenue, NW, (Mint Annex), Washington, D.C. 20229. 

Sandra L. Bell 

Executive Director, Regulations and Rulings 

Office of International Trade 

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Peanuts and their classification under the HTSUS 

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WHAT PEANUTS ARE................................................................................7

HOW PEANUTS ARE GROWN ..................................................................7

TYPES OF PEANUTS .................................................................................7

Spanish Types ............................................................................................................. 8

Runner Types............................................................................................................... 8

Virginia Types .............................................................................................................. 8

Valencia Types............................................................................................................. 9

Tennessee Red and Tennessee White Types ............................................................. 9

USES ...........................................................................................................9

U.S. DEPARTMENT OF AGRICULTURE PROGRAM FOR PEANUTS...10

TRADE.......................................................................................................10

CLASSIFICATION OF PEANUTS, NOT ROASTED OR OTHERWISE 

COOKED, WHETHER OR NOT SHELLED OR BROKEN........................11

CLASSIFICATION OF PREPARED OR PRESERVED PEANUTS ..........12

QUOTA ......................................................................................................13

IMPORT REQUIREMENTS .......................................................................14

INVOICING REQUIREMENTS ..................................................................16

BIBLIOGRAPHY........................................................................................16

ADDITIONAL INFORMATION...................................................................18

The Internet................................................................................................................ 18

Customs Regulations ................................................................................................. 18

Customs Bulletin ........................................................................................................ 18

Importing Into the United States................................................................................. 19

Informed Compliance Publications............................................................................. 19

Value Publications...................................................................................................... 20

“Your Comments are Important”................................................................................. 21

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Peanuts and their classification under the HTSUS 

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WHAT PEANUTS ARE 

Peanuts are also known as groundnuts, earthnuts, goobers, pindas, pinders, and Manila 

nuts. Peanuts are called groundnuts in many countries because they grow under the 

ground. They are the fruit or pods of Arachis hypogaea of the Leguminosae family. 

The peanut plant (Arachis hypogaea) is a hairy, taprooted annual legume that measures 

1 to 1.5 feet in height and bears pods below the surface. The papery pods range from 

3/4 inch to 2 inches in length containing two or three kernels. When these kernels 

mature and have been harvested, they are known as "peanuts." 

HOW PEANUTS ARE GROWN 

The flower of the Arachis hypogaea is borne above ground and after it withers, the stalk 

elongates, bends down, and forces the ovary underground. When the seed is mature, 

the inner lining of the pods (called the seed coat) changes from white to brown. The 

entire plant, including most of the roots, is removed from the soil during harvesting. 

Despite their name, peanuts are not true hard-shelled nuts, but rather, mature legume 

seeds in underground pods, analogous to bean or pea pods. 

The pods begin in the orange-veined, yellow-petaled, pea-like flowers, which are borne 

in axillary clusters above ground. Following self-pollination (peanuts are complete 

inbreeders), the flowers fade. The stalks at the bases of the ovaries, called pegs, 

elongate rapidly, and turn downward to bury the fruits several inches in the ground to 

complete their development. 

The pods act in nutrient absorption. The fruits have wrinkled shells that are constricted 

between the two to three seeds. The mature seeds resemble other legume seeds, such 

as beans, but they have papery thin seed coats, as opposed to the usual hard legume 

seed coats. 

Peanuts grow best in light, sandy loam soil. They require five months of warm weather, 

and an annual rainfall of 20 to 40 inches or the equivalent in irrigation water. 

The pods ripen 120 to 150 days after the seeds are planted. If the crop is harvested too 

early, the pods will be unripe. If they are harvested late, the pods will snap off at the 

stalk, and will remain in the soil. 

TYPES OF PEANUTS 

Four types of peanuts are the most popular: Spanish, Runner, Virginia, and Valencia. 

There are also Tennessee Red and Tennessee White types, as well. Certain types are 

preferred for particular uses because of differences in flavor, oil content, size, and 

shape. For many uses the different types are interchangeable. Most peanuts marketed 

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Peanuts and their classification under the HTSUS 

March 2008 

in the shell are of the Virginia type, along with some Valencia selected for large size and 

attractive appearance of the shell. Spanish peanuts are used mostly for peanut candy, 

salted nuts, and peanut butter. Most Runners are used to make peanut butter.

The various types are distinguished by branching habit and branch length. There are 

numerous varieties of each type of peanut. 

Each year new varieties of peanuts are introduced somewhere in the peanut belt of the 

U.S. or in other countries. Introducing a new variety may mean change in the planting 

rate, adjusting the planter, harvester, dryer, cleaner, sheller, and method of marketing. 

There are two main types of growth forms: bunch and runner. Bunch types grow 

upright, while runner types grow near the ground. 

Spanish Types 

The small Spanish types are grown in South Africa, and in the southwestern and 

southeastern U.S. Prior to 1940, 90 percent of the peanuts grown in Georgia were 

Spanish types, but the trend since then has been larger seeded, higher yielding, more 

disease resistant varieties. 

Varieties of the Spanish type include Dixie Spanish, Improved Spanish 2B, GFA 

Spanish, Argentine, Spantex, Spanette, Shaffers Spanish, Natal Common (Spanish), 

White Kernel Varieties, Starr, Comet, Florispan, Spanhoma, Spancross, and Wilco I. 

Runner Types 

Since 1940, there has been a shift to production of Runner type peanuts in the 

southeastern U.S. This is due to higher yields and wider use in peanut butter and 

salting, as compared to Spanish types. 

Varieties of Runners include Southeastern Runner 56-15, Dixie Runner, Early Runner, 

Virginia Bunch 67, Bradford Runner, Egyptian Giant, Rhodesian Spanish Bunch, North 

Carolina Runner 56-15, Florunner, and Shulamit. 

Virginia Types 

The large seeded Virginia types are grown in Virginia, North Carolina, Tennessee, and 

parts of Georgia. They are increasing in popularity due to demand for large peanuts for 

processing, particularly for salting, confections, and roasting in the shells.

Virginia type peanuts are either bunch or running in growth habit. The bunch type is 

upright to spreading. It attains a height of 18 to 22 inches and a spread of 28 to 30 

inches, with 33 to 36 inch rows that seldom cover the ground. The pods are borne 

within a few inches of the base of the plant. 

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Peanuts and their classification under the HTSUS 

March 2008 

Varieties of Virginia type peanuts include Virginia Bunch Large, Virginia Bunch 46-2, 

Virginia Bunch Small, Virginia Bunch 67, Virginia Bunch G2, Virginia Runner G26, NC 

4X, NC 2, NC 5, Georgia Hybrid 119-20, Holland Jumbo, Holland Station Runner, 

Adkins Runner, Virginia Runner 26, Virginia Runner G (Holland Virginia Runner), 

Virginia 56 R, Virginia 61 R, Florigiant, Georgia Hybrid 119-18, Virginia B22-15, Virginia 

A17-12, Virginia A23-7, and Florida 416. 

Valencia Types 

Valencia types are coarse, and they have heavy reddish stems and large foliage. They 

are comparatively tall, having a height of 50 inches and a spread of 30 inches. Peanut 

pods are borne on pegs arising from the main stem and the side branches. Most of the 

pods are clustered around the base of the plant, and only a few are found several 

inches away. Valencia types are three-seeded and smooth, with no constriction 

between the seeds. Seeds are oval and tightly crowded into the pods. There are two 

strains, one with flesh-colored seed coats and the other with red-colored seed coats. 

The seed count is 65 to each ounce. 

Tennessee Red and Tennessee White Types 

These are alike, except for the color of the seed. The plants are similar to Valencia 

types, except that the stems are green to greenish brown, and the pods are rough, 

irregular, and have a smaller proportion of kernels. 

USES 

Peanuts for edible uses account for two thirds of the total peanut consumption in the 

United States. The principal uses are peanut butter, peanut candy, salted, shelled nuts, 

and nuts that have been roasted in the shell. Salted peanuts are usually roasted in oil 

and packed in retail size, transparent, plastic bags and hermetically sealed cans. Dryroasted salted peanuts are also marketed in significant quantities. The primary use of 

peanut butter is in the home, but large quantities are also used in the commercial 

manufacture of sandwiches, candy, and bakery products.

Low grade or culled peanuts not suitable for the edible market are utilized in the 

production of peanut oil, seed, and feed. 

Peanuts have a variety of industrial end uses, particularly the oil. Paint, varnish, 

lubricating oil, leather dressings, furniture polish, insecticides, and nitroglycerin are 

made from peanut oil. Soap is made from saponified oil, and many cosmetics contain 

peanut oil and its derivatives. The protein portion of the oil is utilized in the manufacture 

of some textile fibers. 

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Peanuts and their classification under the HTSUS 

March 2008 

Peanut shells are put to use in the manufacture of plastic, wallboard, abrasives, and 

fuel. They are also used to make cellulose (used in rayon and paper) and mucilage 

(glue). 

Peanut plant tops are used to make hay. The protein cake (oilcake meal) residue from 

oil processing is utilized as an animal feed and as a soil fertilizer. 

U.S. DEPARTMENT OF AGRICULTURE PROGRAM FOR PEANUTS 

Historically, peanuts were long recognized by Congress as one of America’s basic 

crops. In order to protect the domestic industry, the USDA conducted a price support 

program for peanuts, under the Price Support Program and Production Adjustment 

Program (National Poundage Quota). The Price Support Program consisted of a twotier price support system that was tied to a maximum poundage quota. Domestic 

peanuts produced subject to the poundage quota were supported at the higher of two 

prices, while peanuts over the quota limit, or those produced on farms not having a 

quota, were supported at the lower rate. The quota support price acted as a floor price 

for domestic edible peanuts. This system persisted until 2002, with the passage, on 

May 3, 2002, of the Farm Security and Rural Investment Act of 2002, (Public Law 107-

171; 116 STAT 179; 7 USC 7958). 

The passage of the 2002 farm bill effected a number of significant changes in domestic 

peanut policy. In relevant part, Section 1308 of that statute established a requirement 

that “all peanuts marketed in the United States shall be officially inspected and graded 

by Federal or Federal-State inspectors.” To this end, the Peanut Standards Board was 

established, with the purpose of advising the Secretary of Agriculture regarding the 

creation of quality and handling standards for domestically produced and imported 

peanuts. Section 1309 of the statute terminated the marketing quota programs for 

peanuts and ended the price support program. Currently, prices for domestic peanuts 

are market-driven and tend to follow average prices in the world market. 

TRADE 

The major producers/exporters of peanuts are the United States, Argentina, Sudan, 

Senegal and Brazil. These five countries account for 71 percent of total world exports. 

In recent years, the United States has been the leading exporter of peanuts. The major 

peanut importers are the European Economic Community (EEC), Canada and Japan. 

These three areas account for 78 percent of the world's imports. 

Although India and China are the world's largest producers of peanuts, they account for 

a small part of international trade because most of their production is used for domestic 

consumption as peanut oil. Exports of peanuts from India and China are equivalent to 

less than four percent of world trade. 

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Peanuts and their classification under the HTSUS 

March 2008 

Ninety percent of India's production is processed into peanut oil. Only a nominal 

amount of hand-picked select grade peanuts are exported. India prohibits the 

importation of all oil seeds, including peanuts. 

The European Economic Community (EEC) is the largest consuming region in the world 

that does not produce peanuts. All of its consumption is supplied by imports. 

Consumption of peanuts in the EEC is primarily as food, mostly as roasted in shell 

peanuts and as shelled peanuts used in confectionery and bakery products. 

The average annual imports of peanuts are less than 0.5 percent of U.S. consumption. 

Two thirds of U.S. imports are roasted unshelled peanuts. The major suppliers are 

Singapore, Taiwan, Malaysia, Hong Kong, China, and Canada. The principal suppliers 

of shelled peanut imports are Argentina and Canada. Most of Canada's peanut butter is 

processed from Chinese peanuts. Imports of peanut butter from Argentina are in the 

form of a paste and must be further processed in the U.S. Other minor suppliers of 

peanut butter include Malawi, China, India, and Singapore. 

CLASSIFICATION OF PEANUTS, NOT ROASTED OR OTHERWISE 

COOKED, WHETHER OR NOT SHELLED OR BROKEN 

The HTSUS progresses from the least processed product to the most processed item. 

For example, the first provision for peanuts is heading 1202, which provides for raw 

peanuts. Peanuts that fall into this provision have not been roasted or otherwise 

cooked. The Explanatory Notes allow for the following to be embraced within the scope 

of the raw peanut provision: 

Headings 12.01 to 12.07 cover seeds and fruits of a kind used for the 

extraction (by pressure or by solvents) of edible or industrial oils and fats, 

whether they are presented for that purpose, for sowing or for other 

purposes. These headings do not, however, include products of heading 

08.01 or 08.02, olives (Chapter 7 or 20) or certain seeds and fruits from 

which oil may be extracted but which are primarily used for other 

purposes, e.g., apricot, peach or plum kernels (heading 12.12) and cocoa 

beans (heading 18.01). 

The seeds and fruits covered by the headings may be whole, broken, 

crushed, husked or shelled. They may also have undergone moderate 

heat treatment designed mainly to ensure better preservation (e.g., by 

inactivating the lipolytic enzymes and eliminating part of the moisture, for 

the purpose of de-bittering or to facilitate their use). However, such 

treatment is permitted only if it does not alter the character of the seeds 

and fruits as natural products and does not make them suitable for a 

specific use rather than for general use. 

 

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March 2008 

The headings exclude solid residues resulting from the extraction for 

vegetable oil from oil seeds or oleaginous fruits (including defatted flours 

and meals) (heading 23.04, 23.05 or 23.06). 

Heading 1202 covers peanuts, whether or not shelled or broken, which are not 

roasted or otherwise cooked. Peanuts in heading 1202 may be heat treated to 

ensure better preservation, as noted above in the General Explanatory Note. 

Roasted or otherwise cooked peanuts fall in Chapter 20. 

The HTSUS provides for peanuts that have not been roasted or otherwise cooked under 

subheadings 1202.10 and 1202.20. If the peanuts are in the shell, the applicable 

subheading is 1202.10, HTSUS, which provides for peanuts (groundnuts), not roasted 

or otherwise cooked, whether or not shelled or broken, in shell. 

Peanuts, not roasted or otherwise cooked, shelled, whether or not broken, are 

classifiable under subheading 1202.20, HTSUS, which provides for peanuts 

(groundnuts), not roasted or otherwise cooked, whether or not shelled or broken, 

shelled, whether or not broken. 

CLASSIFICATION OF PREPARED OR PRESERVED PEANUTS 

Peanuts that have been blanched, roasted or otherwise cooked, prepared or preserved 

are provided for under subheading 2008.11. The Explanatory Notes state: 

This heading covers fruit, nuts and other edible parts of plants, whether 

whole, in pieces or crushed, including mixtures thereof, prepared or 

preserved otherwise than by any of the processes specified in other 

Chapters or in the preceding headings of this Chapter. 

It includes, inter alia: 

1) Almonds, groundnuts, areca (or betel) nuts and 

other nuts, dry-roasted, oil-roasted or fat-roasted, 

whether or not containing or coated with vegetable oil, 

salt, flavours, spices or other additives. 

2) "Peanut butter," consisting of a paste made by 

grinding roasted groundnuts, whether or not 

containing added salt or oil... 

9) Fruit, nuts, fruit-peel and other edible parts of 

plants (other than vegetables), preserved by sugar 

and put up in syrup (e.g., marrons glacés or ginger), 

whatever the packing. 

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Peanuts and their classification under the HTSUS 

March 2008 

All the above products may be sweetened with synthetic sweetening 

agents (e.g., sorbitol) instead of sugar. 

The products of this heading are generally put up in cans, jars or airtight 

containers, or in casks, barrels or similar containers. 

The HTSUS provides for prepared or preserved peanuts under subheading 2008.11, 

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 (groundnuts) and other seeds, 

whether or not mixed together, peanuts (groundnuts). The provisions are as follows: 

peanut butter and paste – subheadings 2008.11.0200 - 2008.11.1500, blanched 

peanuts – subheadings 2008.11.2200 - 2008.11.3500, and "other" - subheadings 

2008.11.4200 - 2008.11.6000. 

QUOTA 

The 1995 GATT introduced major changes in the import regulations for peanuts. 

Specifically, under the 1995 GATT, peanuts were no longer subject to an absolute 

quota, as they had been in the past, but rather, to a new tariff rate quota. It also 

established a tariff rate quota for peanut butter. 

Currently, Additional U.S. Note 2, Chapter 12 of the 2008 HTSUS outlines the 

restrictions of the tariff rate quotas for peanuts. This note states that the aggregate 

quantity of peanuts (excluding peanut butter) entered under subheadings 1202.10.40, 

1202.20.40, 2008.11.25, and 2008.11.45 during the twelve month period from April 1 in 

any year through the following March 31, inclusive, shall not exceed 43,901 metric tons 

from Argentina, and 9,005 metric tons from other countries or areas. Note 2 requires, 

also, that, for quota purposes, in-shell peanuts shall be charged against available quota 

quantities on the basis of 75 kilograms for each 100 kilograms of peanuts in the shell. 

Finally, the Note states that articles the product of Mexico are not to be permitted or 

included under these quota quantity limitations and may not be classified under these 

tariff rate quota subheadings. Rather, peanuts which are the product of Mexico under 

the NAFTA rules of origin are classifiable under the alternative provisions for Other 

peanuts, entered outside of the quota, in subheadings 1202.10.80, 1202.20.80, 

2008.11.35 and 2008.11.60, and are eligible for preferential (duty-free) NAFTA 

treatment under those subheadings. Beginning in calendar year 2008, quantitative 

limitations on raw and prepared or preserved peanuts, the product of Mexico, ceased to 

apply. 

Additional U.S. Note 5, Chapter 20, HTSUS, addresses the tariff rate quota for “peanut 

butter and paste.” This note states that “[t]he aggregate quantity of peanut butter and 

paste entered under subheading 2008.11.05 in any calendar year shall not exceed the 

quantities specified in this note.” Quota allocations for “peanut butter and paste” are 

listed in metric tons: for Canada (14,500 metric tons), Argentina (3,650), Countries or 

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Peanuts and their classification under the HTSUS 

March 2008 

territories identified in additional U.S. note 6 to this chapter combined (aggregate) 

(1,600) and Other countries or areas (250). Again, peanut butter or paste, which is the 

product of Mexico under the NAFTA rules of origin, is not classifiable in the tariff rate 

quota provision but in the alternative provision for Other peanut butter or paste in 

subheading 2008.11.15.00, HTSUS, and is currently eligible for preferential (duty free) 

NAFTA treatment as specified in that subheading. 

Similarly, preferential duty rates, within specified quantitative limitations, also apply to 

eligible importations of peanuts from several other countries, pursuant to their separate 

trade agreements with the United States. In this regard, the “Special” duty rate column 

of the HTSUS adjacent to the various applicable peanut subheadings in Chapters 12 

and 20 should always be consulted. Listed below are countries whose trade 

agreements with the U.S. include tariff-rate peanut quotas, each followed by references 

to the portions of the HTSUS that set forth pertinent details. 

• Israel (U.S. Note 6, and subheading 9908.12.01, in Subchapter VIII of 

Chapter 99) 

• Jordan (U.S. Note 4, and subheadings 9909.12.05, 9909.12.20 and 

9909.12.40, in Subchapter IX of Chapter 99) 

• Singapore (U.S. Note 9, and subheadings 9910.12.05, 9910.12.10 and 

9910.12.20, in Subchapter X of Chapter 99) 

• Morocco (U.S. Note 11, and subheadings 9912.12.05, 9912.12.10 and 

9912.12.20, in Subchapter XII of Chapter 99) 

• Australia (U.S. Note 18, and subheadings 9913.12.05, 9913.12.10 and 

9913.12.20, in Subchapter XIII of Chapter 99) 

• Bahrain (U.S. Note 9, and subheadings 9914.12.05, 9914.12.10 and 

9914.12.20, in Subchapter XIV of Chapter 99) 

• Dominican Republic / Central America (“DR-CAFTA”) (U.S. Notes 12 and 

13, and subheadings 9915.12 and 9915.20, in Subchapter XV of Chapter 

99) 

IMPORT REQUIREMENTS 

Animal and Plant Health Inspection Service (APHIS)/Plant Protection and Quarantine 

(PPQ) review is required for all peanut entries prior to release. Agricultural Marketing 

Service (AMS) notification is also required. 

The following operational procedures apply to imported peanuts, both foreign grown 

peanuts subject to quota, and U.S. grown peanuts returned to the U.S. under 

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Peanuts and their classification under the HTSUS 

March 2008 

9801.00.10 26, HTS: 

1. APHIS/PPQ notification for imports of foreign grown peanuts. 

2. Mandatory APHIS/PPQ inspection and clearance of all foreign grown raw 

peanuts prior to Customs release. 

3. AMS notification of all foreign grown peanuts at the time of entry summary 

review. 

4. For information regarding AMS’ peanut import standards, contact Kenneth 

G. Johnson or Dawana Clark at: 

DC Marketing Field Office 

4700 River Road, unit 155 

Riverdale, MD 20737 

Tel: (301) 734-5243 

Fax: (301) 734-5275 

5. It is the importer's responsibility to request (1) grade and (2) aflatoxin 

inspection and certification services from AMS by contacting: 

(1) Fresh Products Branch 

FVP, AMS, USDA 

Rm. 1661-S, Stop 0240 

1400 Independence Ave. SW 

Washington, D.C. 20250-0240 

Tel.: (202) 720-5870 

Fax: (202) 720-0393 

(2) Dr. Robert Epstein, Deputy Administrator 

Science and Technology Programs 

AMS, USDA, Rm. 3507-S 

1400 Independence Ave. SW (Stop 0270) 

Washington, DC 20250-0270 

Tel.: (202) 720-5231 

Fax: (202) 720-6496 

6. A bond for three times the total entered value is required for foreign grown 

peanuts that are blanched or otherwise prepared or preserved. The bond 

is required in order to ensure compliance with FDA requirements for 

quality, size and wholesomeness. 

7. Liquidation for all foreign grown peanuts will be withheld pending 

compliance with appropriate APHIS/PPQ, AMS and FDA entry 

requirements. 

8. All importations of U.S. grown peanuts are to be reported to the 

Warehouse and Inventory Division, Farm Service Agency; 1400 

Independence Ave. SW, Washington, D.C. 20250. 

9. Domestic peanuts are not subject to quota limitations upon importation. 

However, these products may be subject to the USDA marketing quota 

penalties pursuant to 7 CFR §1446.115, if they are "contract additional" or 

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Peanuts and their classification under the HTSUS 

March 2008 

"loan additional" peanuts. Importers of domestic peanuts should be 

referred to the Marketing Assistance Loans Program, Farm Service 

Agency for further assistance. 

INVOICING REQUIREMENTS 

The accuracy of the information contained on invoices is an essential element of the 

structure of the many new and creative programs Customs has undertaken recently. 

These programs, including, but not limited to, automated entry processing and preimportation review, may only provide their benefits to the trade community as a whole if 

the data gathered are correct and complete. This concern for invoice accuracy is not 

new, but, as we progress in automation, accuracy becomes indispensable. 

Section 141.86 of the Customs Regulations (19 CFR 141.86) concerns invoicing 

requirements. Subparagraph (a)(3) of the section requires invoices to have the 

following: 

"A detailed description of the merchandise, including the name by which 

each item is known, the grade or quality, and the marks, numbers and 

symbols under which sold by the seller or manufacturer to the trade in the 

country of exportation, together with the marks and numbers of the 

packages in which the merchandise is packed." 

A "detailed description" is one that enables an import specialist to properly classify 

imported merchandise. Accordingly, the invoice description must indicate any 

information that has a direct bearing on the proper classification of the imported item 

and it is incumbent upon the importer of record to ensure that the detailed description is 

present on each invoice. 

Importers do not have to provide information that is not necessary to classify a specific 

item. However, they are responsible for giving CBP the information that is needed. 

The following information is required on invoices: 

1. Type of peanut - whether roasted, dry-roasted, in-shell, out of shell 

2. Percentage of peanuts in the product i.e., 50 percent peanuts, 50 

 percent rice crackers 

3. Use of the product 

4. Processes performed on the product 

BIBLIOGRAPHY 

Information from the following publications was used in the preparation of this Informed 

16
Peanuts and their classification under the HTSUS 

March 2008 

Compliance Publication. 

Cayne, Bernard S. and Holland, David T., ed. The Encyclopedia Americana. Danbury: 

Grolier, Inc., 1989. 

Coyle, L. Patrick, ed. The World Encyclopedia of Food. New York: Facts on File, Inc., 

1982. 

Estimated Tariff Equivalents of U.S. Quotas on Agricultural Imports and Analysis of 

Competitive Conditions in U.S. and Foreign Markets for Sugar, Meat, Peanuts, Cotton, 

and Dairy Products; Report to the President on Investigation No. 332-281 Under 

Section 332 (g) of the Tariff Act of 1930, as Amended; USITC Publication 2276; April 

1990. Washington DC: United States International Trade Commission, 1990. 

Explanatory Notes to the Harmonized Commodity Description and Coding System. 4th

ed., Brussels: Customs Cooperation Council, 2007. 

Goetz, Philip W., ed. The New Encyclopedia Britannica. Chicago: Encyclopedia 

Britannica, Inc., 1986. 

Harmonized Tariff Schedule of the United States, 2008. Washington DC: United States 

International Trade Commission, 2008. 

Peanuts; Report to the President on Investigation No. 22-42 Under Section 22 of the 

Agricultural Adjustment Act, as Amended; USITC Publication 1124; January 1981. 

Washington DC: United States International Trade Commission, 1981. 

Peanuts; Report to the President on Investigation No. 22-52 Under Section 22 of the 

Agricultural Adjustment Act, as Amended; USITC Publication 2369; March 1991. 

Washington DC: United States International Trade Commission, 1991. 

Summary of Trade and Tariff Information; Prepared in Terms of the Tariff Schedules of 

the United States; Peanuts and Coconuts for Edible Purposes; TSUS Items 145.04-

145.09, 145.20, and 145.48; USITC Publication 841; Control No. 1-9-18; February 

1982. Washington DC: United States International Trade Commission, 1982. 

Woodruff, Jasper Guy. Peanuts: Production, Processing, Products. Westport: The Avi 

Publishing Company, Inc., 1973. 

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ADDITIONAL INFORMATION 

The Internet 

The home page of U.S. Customs and Border Protection on the Internet’s World Wide 

Web, provides the trade community with current, relevant information regarding CBP 

operations and items of special interest. The site posts information -- which includes 

proposed regulations, news releases, publications and notices, etc. -- that can be 

searched, read on-line, printed or downloaded to your personal computer. The web site 

was established as a trade-friendly mechanism to assist the importing and exporting 

community. The web site also links to the home pages of many other agencies whose 

importing or exporting regulations that U.S. Customs and Border Protection helps to 

enforce. The web site also contains a wealth of information of interest to a broader 

public than the trade community. For instance, the “Know Before You Go” publication 

and traveler awareness campaign is designed to help educate international travelers. 

 

The web address of U.S. Customs and Border Protection is http://www.cbp.gov

Customs Regulations 

The current edition of Customs and Border Protection Regulations of the United States 

is a loose-leaf, subscription publication available from the Superintendent of 

Documents, U.S. Government Printing Office, Washington, DC 20402; telephone (202) 

512-1800. A bound edition of Title 19, Code of Federal Regulations is also available for 

sale from the same address. All proposed and final regulations are published in the 

Federal Register, which is published daily by the Office of the Federal Register, National 

Archives and Records Administration, and distributed by the Superintendent of 

Documents. Information about on-line access to the Federal Register may be obtained 

by calling (202) 512-1530 between 7 a.m. and 5 p.m. Eastern time. These notices are 

also published in the weekly Customs Bulletin described below. 

Customs Bulletin 

The Customs Bulletin and Decisions (“Customs Bulletin”) is a weekly publication that 

contains decisions, rulings, regulatory proposals, notices and other information of 

interest to the trade community. It also contains decisions issued by the U.S. Court of 

International Trade, as well as customs-related decisions of the U.S. Court of Appeals 

for the Federal Circuit. Each year, the Government Printing Office publishes bound 

volumes of the Customs Bulletin. Subscriptions may be purchased from the 

Superintendent of Documents at the address and phone number listed above. 

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Importing Into the United States 

This publication provides an overview of the importing process and contains general 

information about import requirements. The current edition of Importing Into the United 

States contains much new and revised material brought about pursuant to the Customs 

Modernization Act (“Mod Act”). The Mod Act has fundamentally altered the relationship 

between importers and U.S. Customs and Border Protection by shifting to the importer 

the legal responsibility for declaring the value, classification, and rate of duty applicable 

to entered merchandise. 

The current edition contains a section entitled "Informed Compliance." A key component 

of informed compliance is the shared responsibility between U.S. Customs and Border 

Protection and the import community, wherein CBP communicates its requirements to 

the importer, and the importer, in turn, uses reasonable care to assure that CBP is 

provided accurate and timely data pertaining to his or her importation. 

Single copies may be obtained from local offices of U.S. Customs and Border 

Protection, or from the Office of Public Affairs, U.S. Customs and Border Protection, 

1300 Pennsylvania Avenue NW, Washington, DC 20229. An on-line version is 

available at the CBP web site. Importing Into the United States is also available for 

sale, in single copies or bulk orders, from the Superintendent of Documents by calling 

(202) 512-1800, or by mail from the Superintendent of Documents, Government Printing 

Office, P.O. Box 371954, Pittsburgh, PA 15250-7054. 

Informed Compliance Publications 

U.S. Customs and Border Protection has prepared a number of Informed Compliance 

publications in the “What Every Member of the Trade Community Should Know 

About:...” series. Check the Internet web site http://www.cbp.gov for current 

publications. 

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Value Publications 

Customs Valuation under the Trade Agreements Act of 1979 is a 96-page book 

containing a detailed narrative description of the customs valuation system, the customs 

valuation title of the Trade Agreements Act (§402 of the Tariff Act of 1930, as amended 

by the Trade Agreements Act of 1979 (19 U.S.C. §1401a)), the Statement of 

Administrative Action which was sent to the U.S. Congress in conjunction with the TAA, 

regulations (19 C.F.R. §§152.000-152.108) implementing the valuation system (a few 

sections of the regulations have been amended subsequent to the publication of the 

book) and questions and answers concerning the valuation system. 

Customs Valuation Encyclopedia (with updates) is comprised of relevant statutory 

provisions, CBP Regulations implementing the statute, portions of the Customs 

Valuation Code, judicial precedent, and administrative rulings involving application of 

valuation law. A copy may be purchased for a nominal charge from the Superintendent 

of Documents, Government Printing Office, P.O. Box 371954, Pittsburgh, PA 15250-

7054. This publication is also available on the Internet web site of U.S. Customs and 

Border Protection. 

The information provided in this publication is for general information 

purposes only. Recognizing that many complicated factors may be 

involved in customs issues, an importer may wish to obtain a ruling under 

CBP Regulations, 19 C.F.R. 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 pamphlet may not be considered reasonable care.

Additional information may also be obtained from U.S. Customs and Border Protection 

ports of entry. Please consult your telephone directory for an office near you. The 

listing will be found under U.S. Government, Department of Homeland Security. 

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“Your Comments are Important” 

The Small Business and Regulatory Enforcement Ombudsman and 10 regional 

Fairness Boards were established to receive comments from small businesses about 

Federal agency enforcement activities and rate each agency’s responsiveness to small 

business. If you wish to comment on the enforcement actions of U.S. Customs and 

Border Protection, call 1-888-REG-FAIR (1-888-734-3247). 

REPORT SMUGGLING 1-800-BE-ALERT OR 1-800-NO-DROGA 

Visit our Internet web site: http://www.cbp.gov

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