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

Mr. Giacomo Cinelli
Giacinto Callipo Conserve Alimentari srl
Via Riviera Prangi 156
Pizzo, 89812 Calabria
Italy

RE: The tariff classification of Yellowfin Tuna Fillets from Italy

Dear Mr. Cinelli:

In your letter dated November 7, 2025, you requested a tariff classification.

The subject merchandise is Yellowfin Tuna Fillets in Seawater (Thunnus albacares). You state that raw yellowfin tuna is frozen, trimmed to remove the belly portion, and then the belly meat is thawed and steam-cooked in an autoclave. The cooked fillets are placed into six-ounce jars by hand and covered with seawater heated to 70° Celsius. The jars are then sealed. The finished product which contains only tuna (70 percent) and seawater, is then shipped to distributors and retailers in the United States.

The applicable subheading for the above-described tuna, if entered while the tariff-rate quota remains open, will be 1604.14.2299, 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: Other.” The rate of duty will be 6 percent ad valorem.

The applicable subheading for the above-described product, if entered after the tariff-rate quota has closed, will be 1604.14.3099, 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: Other.” The rate of duty will be 12.5 percent ad valorem.

Effective April 5, 2025, Executive Orders implemented “Reciprocal Tariffs.” All imported merchandise must be reported with either the Chapter 99 provision under which the reciprocal tariff applies or one of the Chapter 99 provisions covering exceptions to the reciprocal tariffs. At this time products of the European Union with an ad valorem (or ad valorem equivalent) rate of duty under Column 1 – General less than 15 percent will be subject to an additional ad valorem rate of duty of 15 percent minus the Column 1 – General rate of duty. At the time of entry, you must report the Chapter 99 heading applicable to your product classification, i.e., 9903.02.19, in addition to subheading 1604.14.2291 or 1604.14.3099, HTSUS, listed above.

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.

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 the 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 Title 19 of the Code of Federal Regulations (19 C.F.R. Part177).

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,

(for)
Deborah Marinucci
Designated Official Performing the Duties of the Division Director
National Commodity Specialist Division