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NY 868292




October 30, 1991

CLA-2-03:S:N:N1:229-868292

CATEGORY: CLASSIFICATION

TARIFF NO.: 0306.13.0003-27; 0306.13.0040

Mr. Shawn P. Smith, President
Rainbow Seafood Company
2683 34th Street
Santa Monica, CA 90405

RE: The tariff classification of frozen SHRIMP from Ecuador and Mexico.

Dear Mr. Smith:

In your letter dated October 17, 1991, you requested a tariff classification ruling.

The product in question is described as fresh frozen SHRIMP which will be farmed in Ecuador or Mexico, then processed for export to the United States. Based on information supplied by phone, these shrimp may be imported in any of several forms,-- that is, the shrimp may be head-on and shell-on, headless and shell-on, peeled and deveined with tail-on, butterflied with tail-on, peeled and deveined, and peeled and undeveined. It is assumed that these shrimp are raw.

These shrimp will be imported in various sizes (count of shrimp per pound),--namely, under 7 per pound, under 8, 10 and 15 per pound; from 10 to 20 (10/20) shrimp per pound, 20/30, 30/40, 40/50, 50/60, 60/70, 70/80, 80/100, 100/120, 120/up; from 16 to 20 (16/20) shrimp per pound, 21/25, 26/30, 31/35, 36/40, 41/50, 51/60, 61/70, 71/90, 91/110, 111/130, 131/150, 150/200, 200/300, 300/500, 500/up. In addition to the foregoing size ranges, shipments may also include "Large broken", "Medium broken", and "Small broken" shrimp, as well as shrimp "Pieces".

The applicable subheading for raw frozen SHRIMP will be 0306.13.00, Harmonized Tariff Schedule of the United States (HTS), which provides for Crustaceans, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; crustaceans, in shell, cooked by steaming or by boiling in water, whether or not chilled, frozen, dried, salted or in brine:... Frozen:...Shrimps and prawns.

If imported "head-on and shell-on" or "headless and shell- on", classification, based on the headless weight, will be under the subheading for Shrimps and prawns...Shell-on, as follows:
when the count size (headless weight) is less than 33 per kilogram (15s), classification will be in subheading 0306.13.0003, HTS;
when the count size (headless weight) is 33-45 per kilogram (15-20s), classification will be in subheading 0306.13.0006, HTS;
when the count size (headless weight) is 46-55 per kilogram (21-25s), classification will be in subheading 0306.13.0009, HTS;
when the count size (headless weight) is 56-66 per kilogram (26-30s), classification will be in subheading 0306.13.0012, HTS;
when the count size (headless weight) is 67-88 per kilogram (31-40s), classification will be in subheading 0306.13.0015, HTS;
when the count size (headless weight) is 89-110 per kilogram (41-50s), classification will be in subheading 0306.13.0018, HTS;
when the count size (headless weight) is 111-132 per kilogram (51-60s), classification will be in subheading 0306.13.0021, HTS;
when the count size (headless weight) is 133-154 per kilogram (61-70s), classification will be in subheading 0306.13.0024, HTS; and
when the count size (headless weight) is more than 154 per kilogram (70s), classification will be in subheading 0306.13.0027, HTS.

The rate of duty for frozen SHELL-ON SHRIMP, headless or head- on, classified in HTS 0306.13.0003-27 will be FREE.

The applicable subheading for raw frozen SHRIMP, when imported peeled and deveined with tail-on, butterflied with tail- on, peeled and deveined, and peeled and undeveined, in all sizes, will be 0306.13.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for Shrimps and prawns...Peeled. The rate of duty will be FREE.

A copy of Heading 0306.13.00, HTS, is enclosed for your consideration.

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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