CLA-2-03:OT:RR:NC:2:231

Mr. Austin S. Crain
King & Prince Seafood Corporation
1 King & Prince Blvd.
Brunswick, GA 31520

RE: The tariff classification of frozen oysters from Korea.

Dear Mr. Crain:

In your letter dated January 25, 2012, you requested a tariff classification ruling.

The goods in question are frozen, farm-raised oysters of the species Crassostrea gigas. In the production process, fresh oysters will first be shucked, washed and cleaned, then individually quick frozen (IQF) and water-glazed (11-13% glaze) for protection against dehydration. You state that the frozen oysters will be imported in clear 5-pound airtight bags.

The applicable subheading for the above-described frozen oysters will be 0307.19.0060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for molluscs, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brineā€¦: oysters: other: farmed. 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). Information on the Bioterrorism Act can be obtained by calling FDA at 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,

Thomas J. Russo
Director
National Commodity Specialist Division