CLA-2-16: OT: RR: NC: 2:231

Ms. Ruth Entwistle
Heron Point Seafood
504 Kent Place
Newmarket, NH 03857

RE: The tariff classification of crab meat from Nicaragua.

Dear Ms.Entwistle:

In your letter dated January 26, 2011, you requested a tariff classification ruling.

The ruling was requested on steam cooked, crab meat (callinectes sapidus) that is non-pasteurized and picked by grade. The crab meat will be packed into airtight one pound cylindrical plastic containers that are machine sealed. The product is 100% crabmeat with no shell.

The applicable subheading for the crab meat will be 1605.10.2051, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Crustaceans, mollusks and other aquatic invertebrates, prepared or preserved: Crab: other: crabmeat: in airtight containers, Swimming crabs (Portunidae): Callinectes spp., including blue crabs (C. sapidus). The rate of duty will be Free.

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). Additional requirements may be imposed on this product by the Food and Drug Administration. Information on the Bioterrorism Act can be obtained by calling FDA at telephone number (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