CLA-2-16:OT:RR:NC:N5:231
Mr. Arthur Zeng
SeaPal International, Inc.
825 Watter’s Creek Boulevard, Suite 250
Allen, TX 75013
RE: The tariff classification of Frozen Seafood Mixes from Vietnam
Dear Mr. Zeng:
In your letter dated December 23, 2025, you requested a tariff classification ruling. An ingredients
breakdown and photographs of the items were submitted with your letter.
The subject merchandise consists of two frozen seafood mixtures marketed under the Legend Bay® brand.
Legend Bay® Frozen Seafood Medley Value Grade consists of raw giant squid strips (30 percent), raw giant
squid wing strips (25 percent), cooked mussel meat (30 percent), cooked and individually quick frozen (IQF)
wild or farmed peeled, undeveined shrimp (10 percent), and raw octopus’ slices and cuts (5 percent). Squid
comprises a total of 55 percent of the product by weight. The product is packed in one-pound retail bags.
Legend Bay® Frozen Seafood Mix Mariscada consists of raw giant squid wing strips (20 percent), raw
Loligo squid rings (10 percent), raw Loligo squid tentacles (10 percent), cooked mussel meat (20 percent),
cooked clam meat (15 percent), cooked and individually quick frozen (IQF) wild or farmed peeled,
undeveined shrimp (20 percent), and raw octopus’ slices and cuts (5 percent). Squid comprises a total of 40
percent of the product by weight. The product is packed in five-pound retail bags.
For both products, the individual seafood components are formed as applicable, steamed, cooled, frozen,
vacuum packed, and packed into cartons for shipment to the United States.
Pursuant to Note 2 to Chapter 16, “Food preparations fall in this chapter provided that they contain more than
20 percent by weight of sausage, meat, meat offal, blood, insects, fish or crustaceans, molluscs or other
aquatic invertebrates, or any combination thereof. In cases where the preparation contains two or more of the
products mentioned above, it is classified in the heading of chapter 16 corresponding to the component or
components which predominate by weight.”
General Rule of Interpretation (GRI) 1, Harmonized Tariff Schedule of the United States (HTSUS), states in
part that for legal purposes, classification shall be determined according to the terms of the headings, any
relative section or chapter notes and, unless otherwise required, according to the remaining GRI’s taken in
order. Goods that are, prima facie, classifiable under two or more headings, are classifiable in accordance
with GRI 3. GRI 3(a) states that the heading which provides the most specific description shall be preferred
to headings providing a more general description. However, when two or more headings refer to part only of
the items in a composite good, those headings are to be regarded as equally specific in relation to the goods,
even if one of them gives a more complete or precise description of the good. As such, they are regarded as
equally specific and classification of the composite good is to be determined by GRI 3(b) or GRI 3(c) taken
in the appropriate order in which they are set out in GRI 3. GRI 3(b) states in part that composite goods,
which cannot be classified by reference to GRI 3(a), are to be classified as if they consisted of the component
which gives them their essential character. GRI 3(c) provides that when goods cannot be classified by
reference to GRI 3(a) or 3(b), they are to be classified in the heading that occurs last in numerical order
among the competing headings which equally merit consideration. The products are composite mixtures
consisting of more than one species of aquatic invertebrates, including mollusks (squid, mussels, clams,
octopus) and crustaceans (shrimp). Accordingly, classification is governed by GRI 3(b), which provides that
composite goods and mixtures shall be classified as if they consisted of the component that gives them their
essential character.
In the above-described products, the essential character is imparted by the squid component. The squid is the
predominant ingredient by weight in both products, representing 55 percent of the Frozen Seafood Medley
Value Grade and 40 percent of the Frozen Seafood Mix Mariscada, respectively. When considered together
with the amount of octopus, the species cephalopods (squid and octopus) are considered to predominate in
each mixture.
Although the squid imparts the essential character, classification in the subheading specific to squid is still
precluded because the products are not single species squid products. The additional seafood components are
not simply incidental; they are deliberate, substantial elements of the mixture. Hence, the products remain
mixture for tariff purposes. Therefore, pursuant to GRI 3(b) and Note 2 to Chapter 16, the products are
properly classified under the residual provision for “Crustaceans, molluscs and other aquatic invertebrates,
prepared or preserved.”
The applicable subheading for the above-described product will be 1605.69.0000, Harmonized Tariff
Schedule of the United States (HTSUS), which provides for: “Crustaceans, molluscs and other aquatic
invertebrates, prepared or preserved: Other: Other aquatic invertebrates: Other.” The general 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 on the World Wide Web at https://hts.usitc.gov/current.
Please note that seafood is subject to the Mandatory Country of Origin Labeling (COOL) requirements
administered by the USDA’s Agricultural Marketing Service (AMS). We advise you to check with that
agency for their further guidance on your scenario. Contact information for AMS is as follows:
USDA-AMS-LS-SAT
Room 2607-S, Stop 0254
1400 Independence Avenue, SW
Washington, DC 20250-0254
Tel. 202.720.4486
Website: www.ams.usda.gov/COOL
Email address for inquiries: [email protected]
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 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 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).
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 control number indicated above should be provided with 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,
(for)
Denise Faingar
Designated Official Performing the Duties of the Division Director
National Commodity Specialist Division