CLA-2-03:OT:RR:NC:N2:231
Mr. Brian Herter
Hellmann Worldwide Logistics, Inc.
10450 Doral Boulevard
Doral, Florida 33178
RE: The tariff classification of krill meal from Norway.
Dear Mr. Herter:
In your letter dated April 4, 2013, you requested a tariff classification ruling on behalf of Aker BioMarine Antarctic.
A sample variously described as “krill meal (nutra grade),” “Nutria Meal” and “Nutra Meal” was submitted for our examination. The sample, which was sent to us in frozen condition, consists of a powdery, rust-colored material having a fishy odor.
You have provided the following explanation of the product’s derivation, composition and use:
The Nutria Meal is a 100% natural product made exclusively from Antarctic krill (Euphausia superba). The krill is caught by a special trawl system which singles out unwanted by-catch (eco-harvesting), and kept in buffer tanks before being processed. When processed, the krill is cooked at temperatures above 90 degrees (centigrade) for twenty minutes. It is then passed through a decanter or tricanter which separates most of the liquid fraction from the solid fraction. The solid fraction is then dried at temperatures above 90 degrees for at least 150 minutes, until a moisture content of 4 to 8% is reached. The dried solid fraction makes up the Nutra Meal. The meal is cooled to approximately 20 degrees before it is packed in large bags (approximately 500 kg) and stored frozen. The krill meal is used for extraction of omega-3 rich fat krill oil, used for human consumption. A typical composition of the Nutra Meal per 100g is: protein (56g), fat (24g), ash (11g), water (7g) and salt (2g).
The applicable subheading for the above-described frozen krill meal will be 0306.19.0030, 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; … flours, meals and pellets of crustaceans, fit for human consumption: frozen: other, including flours, meals and pellets of crustaceans, fit for human consumption: Antarctic krill (Euphausia superba). 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