CLA-2-16:OT:RR:NC:N2:231
Ms. Rachael A. Slisz
Patagonia Inc.
259West Santa Clara Street
Ventura, CA 93001
RE: The tariff classification of salmon jerky from Canada.
Dear Ms. Slisz:
In your letter dated December 12, 2012, you requested a tariff classification ruling.
The product is “salmon jerky” made by a process in which frozen salmon is first thawed, filleted, trimmed, pin-boned and skinned. The boneless pieces are then combined with sauce and spices in a marinating process. The marinated pieces are then frozen and sliced into thin strips, whereupon they are loaded onto smoke racks to undergo hot-smoking, cooking and dehydration. After being cooled, the strips are then packed in two-ounce vacuum-sealed plastic pouches intended for retail sale. The packaged jerky is a ready-to-eat-product that is stored and transported at ambient temperature and regarded as shelf-stable for up to one year.
The salmon jerky will be offered in three flavors—“Smoked Chili Pepper,” “Smoked Teriyaki” and “Smoked Black Pepper”—all of which are prepared by the same process outlined above but differ in the types and/or amounts of flavorings/spices used. The ingredients of the three versions are stated to be as follows:
“Smoked Chili Pepper”: sockeye salmon, hot sauce (cayenne peppers, distilled vinegar, water, salt, oleoresin capsicum, garlic powder), brown sugar, salt.
“Smoked Teriyaki”: sockeye salmon, organic soy sauce (water, organic soy beans, organic wheat, salt), brown sugar, and spices.
“Smoked Black Pepper”: sockeye salmon, organic soy sauce (water, organic soy beans, organic wheat, salt), brown sugar, and spices. (A sample of this version was submitted with your inquiry for our examination. The sample consists of dry, blackish strips of fish having a rather leathery texture and a spicy, smoked-salmon flavor.)
The applicable subheading for all of the above-described versions of the salmon jerky will be 1604.11.4050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for prepared or preserved fish…: fish, whole or in pieces, but not minced: salmon: other: other. 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