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NY 878464





October 16, 1992

CLA-2-21:S:N:N1:228

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.6090

Mr. Lone Westerboe
Golden Beach, Inc.
P.O. Box 91-1130
Commerce, CA 90091

RE: The tariff classification of tuna salads from Thailand

Dear Mr. Westerboe:

In your letter dated September 14, 1992, you requested a tariff classification ruling.

Three samples and ingredients breakdowns accompanied your letter. The samples were examined and disposed of. Each of the three varieties of "Nautilus" brand tuna salad consists of a mixture of tuna fish, vegetables and/or fruits, and other plant parts, in sauce, put up for retail sale in 6.5-ounce metal cans with pull-off lids. Exotic Tuna in Sweet & Sour Sauce contains tuna fish (18 percent), tomatoes, pineapple, onion, baby corn, and green peppers, in a tomato sauce composed of water, vinegar, tomato paste, sugar, starch, oil, salt, and other ingredients. Exotic Tuna in Mayonnaise contains tuna fish (18 percent), sweet corn kernels, carrots, onions, green beans, baby corn, and red peppers, in a creamy mayonnaise sauce consisting of vegetable oil, water, vinegar, eggs, sugar, starch, salt, and mustard powder. Exotic Tuna in Curry is made from tuna fish (18 percent), onions, sweet corn kernels, green peas, baby corn, and carrots, in a curry sauce of water, oil, coconut powder, curry paste, starch, sugar, salt, and skimmed milk.

The applicable subheading for these tuna salads will be 2106.90.6090, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or included...other... other...canned. The duty rate will be 10 percent ad valorem.

Articles classifiable under subheading 2106.90.6090, HTS, which are products of Thailand are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

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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