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NY 849957


MAR 27 1990

CLA-2-16:S:N:N1:229 849957

CATEGORY: CLASSIFICATION

TARIFF NO.: 1604.14.1000; 1604.14.2040; 1604.14.3040

Mr. Kenneth N. Hankin, President
Global Marketing and Food Corporation
17500 S.W. 93 Place
Miami, FL 33157-5775

RE: The tariff classification of TUNA and BONITO from the Philippines.

Dear Mr. Hankin:

In your letter dated February 20, 1990, you requested a tariff classification ruling.

You describe these products as three types of tuna from the Philippines, namely Skipjack, Yellowfin and Bonito. All three species will be imported put up in cans, either in a brine (water/salt) pack or in an oil pack. The can sizes will be both 6 ounce and 66-1/2 ounce, net.

Of the three fishes mentioned, only the Yellowfin (Neothunnus macropterus) and Skipjack (Katsuwonus pelamis) are considered as "tuna" species for tariff purposes.

The applicable subheading for the Skipjack and Yellowfin will be in 1604.14 of the Harmonized Tariff Schedule of the United States (HTS) under the provision for Tunas and skipjack:...In airtight containers. Within this provision, classification will be under one of three further subheadings. First, if imported packed in oil, then the Skipjack and Yellowfin will be classified in subheading 1604.14.1000, HTS, the provision for tuna, in oil. The rate of duty will be 35 percent ad valorem. If imported not packed in oil, the classification will be under either one of two other subheadings. If entered within the tariff rate quota period, the Skipjack and Yellowfin will be classified in subheading 1604.14.2040, HTS, the provision for tuna, not in oil, in airtight containers weighing with their contents not over 7 kilograms 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 20 percent of the United States pack of canned tuna during the immediately preceding year, as reported by the National Marine Fisheries Service. The rate of duty will be 6 percent ad valorem. If entered after the tariff rate quota has been filled, the Skipjack and Yellowfin will be classified in subheading 1604.14.3040, HTS. The rate of duty will be 12.5 percent ad valorem. Note that the tariff rate quota for this merchandise opens on January 1 each calendar year, and closes when the full quota amount has been entered.

Importations of Skipjack, Yellowfin and canned tuna products are subject to special regulations administered by the National Marine Fisheries Service. Information regarding these regulations may be addressed to that Agency at the following location:

Regional Director
National Marine Fisheries Service, Southwest Region 300 South Ferry Street, Room 2005
Terminal Island, CA 90731

Your inquiry does not provide enough information for us to give a classification ruling on the Pacific Bonito. Your request for a classification ruling should include the scientific name of this fish.

Should you have any further questions about this issue or the contents of this memorandum, please contact NIS Thomas P. Brady at FTS 668-5790.

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

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