CLA-2-03:S:N:N7:231 811063

Mr. Steven Choi
Great River Food Corporation
dba Great Wall Food Company, Inc.
19355 East San Jose Avenue
City of Industry, CA 91748

RE: The tariff classification of pomfret, snakehead, featherback, catfish, and carp from Vietnam.

Dear Mr. Choi:

In your letter, dated May 24, 1995, you have requested a tariff classification ruling. The merchandise consists of the following products:

1. Black pomfret (Formio niger) - frozen whole fish; headed and gutted.

2. Snakehead (Ophiocephalus striatus) - frozen whole fish; headed and gutted.

3. Gray featherback (Notopterus notopterus) - frozen fish meat; not minced; packed in cartons of 10 kilograms or more.

4. Whole gray featherback (Notopterus notopterus) - frozen whole fish; headed and gutted.

5. Gunther's walking catfish (Clarias macrocephalus) - frozen whole fish; headed and gutted.

6. Grass carp (Ctenopharyngodon idellus) - frozen whole fish; headed and gutted. The applicable subheading for the whole black pomfret (Formio niger) will be 0303.79.4095, Harmonized Tariff Schedule of the United States (HTS), which provides for fish, frozen, excluding fish fillets and other fish meat of heading 0304, other fish, excluding livers and roes, other, other, other. The rate of duty will be 2.2 cents per kilogram.

The applicable subheading for the whole snakehead (Ophiocephalus striatus), whole gray featherback (Notopterus notopterus), whole Gunther's walking catfish (Clarias macrocephalus), and whole grass carp (Ctenopharyngodon idellus), will be 0303.79.2098, HTS, which provides for fish, frozen, excluding fish fillets and other fish meat of heading 0304, other fish, excluding livers and roes, other, smelts, cusk, pollock, shad, sturgeon, swordfish and fresh-water fish, fresh-water fish, other, other. The rate of duty will be 2.2 cents per kilogram.

The applicable subheading for the gray featherback (Notopterus notopterus) frozen fish meat will be 0304.90.1089, HTS, which provides for fish fillets and other fish meat (whether or not minced), fresh, chilled or frozen, other, in bulk or in immediate containers weighing with their contents over 6.8 kilograms each, other, other, other. The rate of duty will be 2.8 cents per kilogram.

Importations of these products are subject to import regulations administered by varous U.S. agencies. Information regarding applicable regulations administered by the National Marine Fisheries may be addressed to that agency at the following location:

National Oceanic and Atmospheric Administration National Marine Fisheries Service 501 West Ocean Boulevard, Suite 4200 Long Beach, CA 90802

Requests for information by telphone should be directed to either Steve Thompson or E.C. Fullerton of the National Marine Fisheries Service at (310) 980-4000.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177.

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Sincerely,

Jean F. Maguire
Area Director
New York Seaport