CLA-2-03:OT:RR:NC:N2:231

Mr. John Helmuth Duberg
Land Ice and Fish, LLC
3828 Gaines Court
Winter Haven, FL 33884

RE: The tariff classification of fresh/chilled tunas from Trinidad and Tobago.

Dear Mr. Duberg:

In your letter dated February 22, 2012 you requested a tariff classification ruling.

The goods in question are fresh, headed and gutted (H&G) yellowfin tunas. They will be imported in chilled (not frozen) condition, with gel packs in insulated boxes.

The applicable subheading for the above-described tunas will be 0302.32.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for fish, fresh or chilled, excluding fish fillets and other fish meat of heading 0304: tunas (of genus Thunnus), skipjack or stripe-bellied bonito (Euthynnus (Katsuwonus) pelamis), excluding livers and roes: yellowfin tunas (Thunnus albacares). 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 merchandise may also be subject to requirements administered by the National Marine Fisheries Service (NMFS) of NOAA, which may be contacted at 501 West Ocean Boulevard, Long Beach, CA 90802, telephone 562-980-4000. The Web site address is www.nmfs.noaa.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,

Thomas J. Russo
Director
National Commodity Specialist Division