CLA-2-16:S:N:N1:229
Mr. A. Casas
Imperial Freight Brokers, Inc.
P.O. Box 522203
Miami, FL 33152
RE: The tariff classification of TUNA IN HOT SAUCE and TUNA
PASTE (PASTA DE ATUN) from Venezuela.
Dear Mr. Casas:
In your letter dated February 21, 1991, you requested a
tariff classification ruling on behalf of your client, Eveba of
Florida, Inc..
TUNA IN HOT SAUCE is a solid pack skipjack tuna (Katsuwonus
pelamis), packed in unlabeled tins of 7 ounces each, net weight,
in individual paperboard boxes bearing the "Eveba" brand and
other required label information. Other ingredients in this
product in addition to the tuna, are listed on the box as carrot,
onion, hot chili, vegetable oil, and salt. A sample of the
product consisted of a solid piece of tuna, three carrot slices,
three small pieces of red pepper, a small amount of onion, oil,
a clove, and a few black peppercorns.
TUNA PASTE (PASTA DE ATUN) is a tuna fish paste packed in a
small unlabeled tins of 70 grams each, net weight, in individual
paperboard boxes bearing the "Eveba" brand and other required
label information. Ingredients include, besides skipjack tuna,
vegetable oil, salt, and spices. A sample of the product
consisted of an homogenous tan paste consisting predominantly of
finely ground fish fibers. This product had a uniform, pasty
consistency.
The applicable subheading for TUNA IN HOT SAUCE will be
1604.14.1000, Harmonized Tariff Schedule of the United States
(HTS), which provides for Prepared or preserved
fish;...:...Fish, whole or in pieces, but not minced:...
Tunas, skipjack and Atlantic bonito (Sarda spp.):...Tunas and
skipjack:...In airtight containers:...In oil. The rate of duty
will be 35 percent ad valorem.
The applicable subheading for TUNA PASTE (PASTA DE ATUN)
will be 1604.20.1000, HTS, which provides for Prepared or
preserved fish;...:...Other prepared or preserved
fish:...Other:...Pastes. The rate of duty will be Free.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport