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NY 810052



May 19, 1995

CLA-2-03:S:N:N7:231 810052

CATEGORY: CLASSIFICATION

TARIFF NO.: 0302.12.0003; 0302.12.0004; 0302.12.0013; 0302.12.0014; 0302.12.0022; 0302.12.0032; 0302.12.0042; 0302.12.0053; 0302.12.0054; 0302.32.0000; 0302.39.0020; 0302.69.4040; 0302.69.4096; 0306.23.0020; 0307.91.0050; 0307.91.0070

Ms. Kathy Pililaau
J.W. Inc.
PO Box 1211
Secaucus, NJ 07096

RE: The tariff classification of red snapper, dolphin fish, salmon, tuna, shrimp, and clams from Mexico, Honduras, Brazil, and Costa Rica.

Dear Ms. Pililaau:

In your letter, dated May 8, 1995, you have requested a tariff classification ruling.

The merchandise consists of the following products:

1. red snapper - cleaned, gutted, packed in ice; head on or off, as required.

2. dolphin fish - cleaned, gutted, packed in ice; head on or off, as required.

3. salmon - cleaned, gutted, packed in ice; head on or off, as required. All types of salmon will be imported.

4. tuna - cleaned, gutted, packed in ice; head on or off, as required. Yellowfin and bluefin tuna will be imported.

5. shrimp - packed in ice, head on.

6. clams - in the shell, packed in ice.

The applicable subheading for the red snapper will be 0302.69.4040, Harmonized Tariff Schedule of the United States (HTS), which provides for fish, fresh or chilled, excluding fish fillets and other fish meat of heading 0304, other fish, excluding livers and roes, other, other, other, snapper (Lutjanidae spp.). The general rate of duty will be 0.9 cents per kilogram.

The applicable subheading for the dolphin fish will be 0302.69.4096, HTS, which provides for fish, fresh or chilled, excluding fish fillets and other fish meat of heading 0304, other fish, excluding livers and roes, other, other, other, other. The general rate of duty will be 0.9 cents per kilogram.

The applicable subheading for the salmon will be 0302.12.00, HTS, which provides for fish, fresh or chilled, excluding fish fillets and other fish meat of heading 0304, salmonidae, excluding livers and roes, pacific salmon (Oncorhynchus spp.), Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho). The statistical suffixes for salmon are as follows: 03 for Atlantic, farmed, 04 for Atlantic, not farmed, 13 for Chinook (king), farmed, 14 for Chinook (king), not farmed, 22 for Chum (dog), 32 for Pink (humpie), 42 for Sockeye (red), 53 for Coho (silver), farmed, 54 for Coho (silver), not farmed, and 62 for other. The rate of duty will be free.

The applicable subheading for the yellowfin tuna will be 0302.32.0000, HTS, which provides for fish, fresh or chilled, excluding fish fillets and other fish meat of heading 0304, tunas (of genus Thunnus), skipjack or stripe-bellied bonito [Euthynnus (Katsuwonus) pelamis], excluding livers and roes, yellowfin tunas (Thunnus albacares). The rate of duty will be free.

The applicable subheading for the bluefin tuna will be 0302.39.0020, HTS, which provides for fish, fresh or chilled, excluding fish fillets and other fish meat of heading 0304, tunas (of genus Thunnus), skipjack or stripe-bellied bonito [Euthynnus (Katsuwonus) pelamis], excluding livers and roes, other, bluefin (Thunnus thynnus). The rate of duty will be free.

The applicable subheading for the shrimp will be 0306.23.0020, 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; flours, meals and pellets of crustaceans, fit for human consumption, not frozen, shrimps and prawns, shell-on. The rate of duty will be free.

The applicable subheading for the clams will be 0307.91.00, HTS, which provides for molluscs, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; aquatic invertebrates other than crustaceans and molluscs, live, fresh, chilled, frozen, dried, salted or in brine; flours, meals and pellets of aquatic invertebrates other than crustaceans, fit for human consumption, other, including flours, meals and pellets of aquatic invertebrates other than crustaceans, fit for human consumption, live, fresh or chilled, clams. The statistical suffixes for clams are as follows: 50 for Geoduck, and 70 for other. The rate of duty will be free.

Articles classifiable under subheadings 0302.69.4040, HTS, and 0302.69.4096, HTS, which are products of Brazil, Honduras or Costa Rica, are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

All Yellowfin tuna from Mexico and Costa Rica is subject to an embargo.

Importation of Yellowfin tuna is subject to special regulations administered by the National Marine Fisheries Service. Information regarding these regulations may be addressed to that agency at the following location:

Regional Director
National Marine Fisheries Service
Southwest Region
300 South Ferry Street, Room 2005
Terminal Island, CA 90731

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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