CLA-2-16:OT:RR:NC:NN4:231
Mr. Chris Kuehler
Russell A, Farrow (U.S.) Inc
431 Isom Road
Suite 107
San Anthonio, TX 78216
RE: The tariff classification of Canned Tuna Preparation from Thailand
Dear Mr. Kuehler:
In your letter dated May 16, 2016 you requested a tariff classification ruling on behalf of your client, HEB Grocery Company (San Antonio, TX). You submitted two canned five ounce samples that were examined and disposed of.
The subject merchandise is described as canned Bonito chunk. Both five ounce samples examined contained pieces of cooked, skinless, boneless, irregularly shaped, variously sized chunks and flakes of odorous fish immersed in oil. The representative product labels submitted indicates the ingredients are fish and soybean oil though the ruling letter presented states that the product also contains water, vegetable broth, peas, carrots, soybean flake, celery and salt. The examined samples do not contain any other ingredients besides the aforementioned fish and soybean oil. You have stated that the species of fish used for the product will be either Auxis thazard or Euthynnus Affinis. It is noted that Auxis thazard has numerous common and local names, including frigate tuna, frigate mackerel, bonito and others. Likewise, Euthynnus affinis is known by the names kawakawa, black skipjack, little tuna, mackerel tuna, bonito and others.
The applicable subheading for the Canned Tuna Preparation will be 1604.19.2500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for prepared or preserved fish …: fish, whole or in pieces, but not minced: other (including yellowtail): in airtight containers: in oil: bonito, yellowtail and pollock. The rate of duty will be 5%.
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 https://hts.usitc.gov/current.
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 Frank Troise at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division