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

Ms. Zoie Chong
Milky Way International Trading Corp.
15203 Shoemaker Ave
Norwalk, CA 90650

RE: The tariff classification of Tuna Prepared Meals from Poland

Dear Ms. Chong:

In your letter dated November 23, 2020, you requested a tariff classification ruling.

The subject merchandise is three different tuna prepared meals.

Tuna with Wild Rice and Ginger is composed of tuna (26%), carrot, red paprika, corn, rapeseed oil, wild rice, water, peas, marinated ginger (ginger, water, salt, acetic acid, citric acid, monosodium glutamate, aspartame, sodium saccharin, sucralose, potassium sorbate), and salt. The product will be packed in cans with a net weight of 5.6 ounces.

Tuna with Red Quinoa, Lentils and Dried Tomatoes is composed of tuna (26%), red quinoa, onion, green lentil, water, yellow paprika, red paprika, rapeseed oil, green bean, corn, dried tomatoes, salt, and chili. The product will be packed in cans with a net weight of 5.6 ounces.

7 Cereals Line Tuna Salad with Oats and Kamut is composed of tuna (25%), water, oats, corn, carrot, kamut, red pepper, dried tomatoes, capers, black olives, sunflower oil, salt, and citric acid (acidity regulator). The product will be packed in cans with a net weight of 5.3 ounces.

The applicable subheading for the various Tuna Prepared Meals will be 1604.20.0510, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: “Prepared or preserved fish…: Other prepared or preserved fish: …Prepared meals: Prepared meals.” The rate of duty will be 10 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 the 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 Ekeng Manczuk at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division