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NY 857248


December 24, 1990

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 1603.00.9090; 2106.90.6099

Mr. David M. Blake
C.J. Tower, Inc.
128 Dearborn Street
Buffalo, NY 14207-3198

RE: The tariff classification of NATURAL LOBSTER EXTRACT PASTE and NATURAL LOBSTER EXTRACT 1000 POWDER from Canada.

Dear Blake:

In your letter dated October 5, 1990, you requested a tariff classification ruling on behalf of your client, Griffith Laboratories of Canada.

NATURAL LOBSTER EXTRACT PASTE is a flavoring which will be used in the production of imitation lobster products (surimi). This product is produced by concentrating the waters used in cooking lobster. A sample of this paste, a thick, dark liquid with a strong aroma, was found on analysis to contain 52.6 percent moisture, 3.8 percent fat, 23.0 percent protein, 18.4 percent salt, and 2.2 percent carbohydrates.

NATURAL LOBSTER EXTRACT 1000 POWDER is a flavoring for use in seafood seasonings for snack foods and sauce mixes. This powder is produced by first mixing NATURAL LOBSTER EXTRACT PASTE with maltodextrin, as a carrier, and then spray drying. A sample of this product, a tan powder with a strong aroma, was found on analysis to contain 6.3 percent moisture, 2.4 percent fat, 34.9 percent protein, 25.1 percent salt, and 36 percent maltodextrin.

The applicable subheading for the NATURAL LOBSTER EXTRACT PASTE will be 1603.00.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for Extracts and juices of meat, fish or crustaceans, molluscs or other aquatic invertebrates:...Other...Other. The rate of duty will be FREE.

The applicable subheading for NATURAL LOBSTER EXTRACT 1000 POWDER will be 2106.90.6099, HTS, which provides for Other Food preparations not elsewhere specified or included. The rate of duty will be 10 percent ad valorem.
Goods classifiable under subheading 2106.90.6099 which have originated in the territory of Canada, will be entitled to an 8 percent ad valorem rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations. Effective January 1, 1991, the applicable duty rate for this merchandise under the United States-Canada Free Trade Agreement will be 7 percent ad valorem.

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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