CLA-2-16:OT:RR:NC:N5:231

Emma Le
Trangs Group USA
7108 Katella Avenue
Suite No. 404 Stanton, CA 90680

RE: The tariff classification of Skewered Fried Shrimp and Vegetables from Vietnam

Dear Ms. Le:

In your letter dated March 11, 2024, you requested a tariff classification ruling.

The subject merchandise is Trader Joe's Chao Tom Savory & Sweet Skewered Fried Shrimp and Vegetables. The product is comprised of shrimp (Litopenaeus vannamei, 47 percent), sugar cane, water chestnut, green bean, tapioca starch, corn starch, lemongrass, spring onion, sugar, water, ginger, garlic, red chili, salt, sesame oil, fully refined soybean oil, acidity regulators (acetic acid, citric acid, sodium citrate), black pepper, and sodium bicarbonate (raising agent). The frozen product must be fully cooked prior to consumption.

The applicable subheading for the Skewered Fried Shrimp and Vegetables will be 1605.21.1020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved: Shrimps and prawns,: Other: Frozen, imported in accordance with Statistical Note1 to this chapter: Breaded. 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 at https://hts.usitc.gov/.

The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.

The merchandise in question may be subject to antidumping duties or countervailing duties. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection. You can contact them at http://www.trade.gov/ia/ (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 investigations), and you can search AD/CVD deposit and liquidation messages using the AD/CVD Search tool at http://www.cbp.gov (click on Import and AD/CVD).

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 and Border Protection 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, please contact National Import Specialist Ekeng Manczuk at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division