CLA-2-16:OT:RR:NC:N4:231
Mr. Ralph Natale
American Shipping Company Inc.
250 Moonachie Road
Moonachie, NJ 07074
RE: The tariff classification of prepared tuna from Thailand
Dear Mr. Natale:
In your letter dated November 24, 2015, on behalf of your client Tri-Union Seafoods LLC (DBA Chicken of the Sea International, San Diego, CA), you requested a tariff classification ruling. Product samples were submitted for our examination and will be disposed of.
The subject merchandise, “Sesame Skipjack Medallions” and “Skipjack Medallions with Black Pepper,” is composed of skipjack tuna pieces (species Katsuwonus pelamis) in a “marinade sauce” made of water, coriander root, soy sauce, garlic, phosphates powder, sugar, modified corn starch, yeast extract, sodium bicarbonate and white pepper. The items additionally contain sesame and black pepper, respectively. The items are fully cooked and have been placed in airtight transparent plastic pouches that measure 160 x 190 millimeters. Each filled pouch has a net weight of 100 grams.
The applicable subheading for both of the above-described varieties of pouched skipjack, if entered while the tariff-rate quota remains open, will be 1604.14.2291, Harmonized Tariff Schedule of the United States (HTSUS), which provides for prepared or preserved fish…: fish, whole or in pieces but not minced: tunas, skipjack and bonito (Sarda spp.): tunas and skipjack: in airtight containers: not in oil: in containers weighing with their contents not over 7 kg each, and not the product of any insular possession of the United States, for an aggregate quantity entered in any calendar year not to exceed 4.8 percent of apparent United States consumption of tuna in airtight containers during the immediately preceding year, as reported by the National Marine Fisheries Service: other: in foil or other flexible containers weighing with their contents not more than 6.8 kg each. The rate of duty will be 6 percent ad valorem.
The applicable subheading for both of the above-described varieties of pouched skipjack, if entered after the tariff-rate quota has closed, will be 1604.14.3091, HTSUS, which provides for prepared or preserved fish…: fish, whole or in pieces but not minced: tunas, skipjack and bonito (Sarda spp.): tunas and skipjack: in airtight containers: not in oil: other: other: in foil or other flexible containers weighing with their contents not more than 6.8 kg each. The rate of duty will be 12.5 percent ad valorem.
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 the email address [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division