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NY 860837


March 27, 1991

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 1604.14.2040/1604.14.3040

Mr. Brad J. Berg
808 Christine Avenue # 301
Brookings, SD 57006

RE: The tariff classification of CANNED CHUNK STYLE YELLOWFIN TUNA in brine or in vegetable broth from Indonesia.

Dear Mr. Berg:

In your letter dated February 25, 1991, you requested a tariff classification ruling.

The products in question are described as CANNED CHUNK STYLE YELLOWFIN TUNA, which will be packed either in brine or in a vegetable broth. This tuna will be imported in cans of 6.5 ounces each, forty-eight cans per export carton.

The applicable subheading for CANNED CHUNK STYLE TUNA in brine 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:...Not in oil. Within this provision, classification will be under either one of two further subheadings. First, if entered within the tariff rate quota period, this tuna product 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, this tuna product 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.

Your inquiry does not provide enough information for us to give a classification ruling on CANNED CHUNK STYLE YELLOWFIN TUNA in vegetable broth. Your request for a classification ruling should include a statement of all the ingredients used in the vegetable broth which constitutes the packing medium for this product.

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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