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NY 861284


March 26, 1991

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 1602.14.1000; 1604.20.1000

Mr. A. Casas
Imperial Freight Brokers, Inc.
P.O. Box 522203
Miami, FL 33152

RE: The tariff classification of TUNA IN HOT SAUCE and TUNA PASTE (PASTA DE ATUN) from Venezuela.

Dear Mr. Casas:

In your letter dated February 21, 1991, you requested a tariff classification ruling on behalf of your client, Eveba of Florida, Inc..
TUNA IN HOT SAUCE is a solid pack skipjack tuna (Katsuwonus pelamis), packed in unlabeled tins of 7 ounces each, net weight, in individual paperboard boxes bearing the "Eveba" brand and other required label information. Other ingredients in this product in addition to the tuna, are listed on the box as carrot, onion, hot chili, vegetable oil, and salt. A sample of the product consisted of a solid piece of tuna, three carrot slices, three small pieces of red pepper, a small amount of onion, oil, a clove, and a few black peppercorns.

TUNA PASTE (PASTA DE ATUN) is a tuna fish paste packed in a small unlabeled tins of 70 grams each, net weight, in individual paperboard boxes bearing the "Eveba" brand and other required label information. Ingredients include, besides skipjack tuna, vegetable oil, salt, and spices. A sample of the product consisted of an homogenous tan paste consisting predominantly of finely ground fish fibers. This product had a uniform, pasty consistency.

The applicable subheading for TUNA IN HOT SAUCE will be 1604.14.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for Prepared or preserved fish;...:...Fish, whole or in pieces, but not minced:... Tunas, skipjack and Atlantic bonito (Sarda spp.):...Tunas and skipjack:...In airtight containers:...In oil. The rate of duty will be 35 percent ad valorem.

The applicable subheading for TUNA PASTE (PASTA DE ATUN) will be 1604.20.1000, HTS, which provides for Prepared or preserved fish;...:...Other prepared or preserved fish:...Other:...Pastes. 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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