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NY 858063


November 19, 1990

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 1605.90.6060

Mr. Gary M. Smith
A.N. Deringer, Inc.
15 River Street
Calais, ME 04619-1894

RE: The tariff classification of MUSSELS MARINIERE from Canada.

Dear Mr. Smith:

In your letter dated November 7, 1990, you requested a tariff classification ruling on behalf of C&L Seafoods (Canada) Ltd. of Prince Edward Island, Canada.

The product in question is described as Royal BlueTM Classic French MUSSELS MARINIERE, a preparation of rope-cultured blue mussels in white wine and cream sauce. This product is packaged in a disposable, rectangular microwaveable dish of 10.6 ounces (300 grams) each, net weight, sealed across the top with a pull- off plastic sheet. The product is said to consist, by weight, of about 75 percent individually freshly frozen whole shell cultured mussels (7.9 ounces, or 225 grams), and about 25 percent sauce (2.7 ounces, or 75 grams). The ingredient listing indicates that the sauce contains white wine, cream, butter, onions, modified starch, garlic powder, pepper and parsley. The sealed microwaveable dish, with contents, may be packaged in a Master Pack of two dozen individual food service packages. This pack is designated as Food Service Item # 132. When packaged in a blue retail box bearing the Royal Blue trademark name and the name of the product, two dozen retail boxes in a Master Pack, the product is designated as Retail Item # 232.

The applicable subheading for MUSSELS MARINIERE will be 1605.90.6060, Harmonized Tariff Schedule of the United States (HTS), which provides for Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved:...Other:...Other:...Other...Other. The rate of duty will be FREE.

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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