CLA-2-03:OT:RR:NC:2:231
Mr. Stephen L. Besler
W.J. Byrnes & Co.
4455 Park Avenue, Suite 113
Tucson, AZ 85714
RE: The tariff classification of live shrimp larvae from Ecuador.
Dear Mr. Besler:
In your letter dated August 3, 2011, you requested a tariff classification ruling on behalf of your client, Primo Broodstock, Inc. (Katy, TX).
The items in question are described as live shrimp larvae of the species Litopenaeus vannamei. Your client, identified as a “genetic company,” plans to import the larvae and immediately deliver them to the Veterinary Science Pathology Department at the University of Arizona. The University will be using the larvae in the performance of genetic testing. You emphasize that the larvae will not be used for consumption by humans or animals, but will be imported solely for research and analytical testing purposes. We note that shrimp larvae lack some characteristics of the post-larval organisms, and must undergo metamorphosis prior to becoming actual shrimps/prawns.
The applicable subheading for the live shrimp larvae will be 0306.29.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for crustaceans, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; …: not frozen: other, including flours, meals and pellets of crustaceans, fit for human consumption. 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/.
Importations of the live shrimp larvae may be subject to regulations administered by the following agencies, which should be contacted for further information:
U.S. Fish and Wildlife Service
1849 C Street, NW
Washington, D.C. 20240
Telephone: 1-800-344-WILD, or 703-358-1949
Web site: www.fws.gov
Food and Drug Administration (FDA)
Division of Import Operations & Policy
5600 Fishers Lane
Rockville, MD 20857
Tel. (301) 443-6553
Website: www.fda.gov
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