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NY A83248




May 7, 1996

CLA-2-16:RR:NC:FC:231 A83248

CATEGORY: CLASSIFICATION

TARIFF NO.: 1605.90.6060

Mr. Timothy Swanson
Sea Port Products Corporation
P.O. Box 704
San Mateo, CA 94401

RE: The tariff classification of seafood mix from Thailand.

Dear Mr. Swanson:

In your letter, which is undated and received by this office on May 1, 1996, you have requested a tariff classification ruling.

The product is seafood mix. The ingredients are 25 percent cuttlefish tentacles, 25 percent cuttlefish strips, 25 percent sliced baby octopus, 15 percent peeled, undeveined sand shrimp, and 10 percent imitation crab bite. The last constituent, imitation crab bite, will contain polyphosphates, threadfin bream, egg albumin, salt, sugar, starch, natural crab flavoring, natural coloring, and natural spices. The seafood mix is blanched, individually quick frozen, and packed. There are 22 one pound polybags per master carton. The product will be sold to wholesalers and distributors, who will sell it to the food services and at the retail level.

Note 2 to Chapter 16, Harmonized Tariff Schedule of the United States (HTS), states:

Food preparations fall in this chapter provided that they contain more than 20 percent by weight of sausage, meat, meat offal, blood, fish or crustaceans, molluscs or other aquatic invertebrates, or any combination thereof. In cases where the preparation contains two or more of the products mentioned above, it is classified in the heading of chapter 16 corresponding to the component or components which predominate by weight. These provisions do not apply to the stuffed products of heading 1902 or to the preparations of heading 2103 or 2104.

The applicable subheading for the seafood mix will be 1605.90.6060, Harmonized Tariff Schedule of the United States (HTS), which provides for crustaceans, molluscs and other aquatic invertebrates, prepared or preserved, other, other, other, other. The rate of duty will be free.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Ralph Conte at (212) 466-5759.

Sincerely,

Roger J. Silvestri
Director

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