CLA-2-16:OT:RR:E:NC:N2:231

Mr. Vi Nguyen
Trangs Group USA
7108 Katella Avenue
Suite 404
Stanton CA 90680

RE: The tariff classification of frozen marinated shrimp, skewered with vegetables, from Vietnam

Dear Mr. Nguyen:

In your letter dated June 19, 2015 you requested a tariff classification ruling.

The merchandise under review is comprised of peeled, tail-on and deveined uncooked marinated shrimp and vegetables. The stated ingredients are shrimp (40%), vegetables (30%) (green peppers, red peppers and onions), plus marinade/sauce. The marinade/sauce is composed of soybeans, water, rice, salt, ethyl alcohol, brown sugar, lime juice, rice wine vinegar, sugar, canola oil, spices, herbs, coconut milk, sesame oil, xanthan gum, carrageenan and guar gum. The seasoned shrimp and vegetables are assembled on a typical wooden skewer, frozen and packaged in non-airtight plastic bags, then layer packed into cardboard boxes for retail sale.

The applicable subheading for the frozen marinated shrimp and vegetable skewers will be 1605.21.1030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for crustaceans, molluscs and other aquatic invertebrates, prepared or preserved, shrimps and prawns, not in airtight containers, other, frozen, imported in accordance with Statistical Note 1 to Chapter 16, other. The rate of duty will be Free.

The merchandise in question may be subject to antidumping duties or countervailing duties (AD/CVD). Written decisions regarding the scope of AD/CVD orders are issued by the Enforcement and Compliance office in the International Trade Administration of the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection (CBP). You can contact them at http://trade.gov/enforcement/ (click on “Contact Us”). For your information, you can view a list of current AD/CVD cases at the United States International Trade Commission website at http://www.usitc.gov (click on “Antidumping and Countervailing Duty” under “Popular Topics” at the top of the screen), and you can search AD/CVD deposit and liquidation messages using CBP’s AD/CVD Search tool at http://addcvd.cbp.gov/. 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 [email protected].

Sincerely,

Gwenn Klein Kirschner
Director
National Commodity Specialist Division