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NY B86500





July 31, 1997

CLA-2-16:RR:NC:2:231 B86500

CATEGORY: CLASSIFICATION

TARIFF NO.: 1604.14.5000

Mr. Steve De Castro
All-Ways Forwarding International, Inc.
Hemisphere Center
U.S. Routes 1 and 9 South
Newark, NJ 07114

RE: The tariff classification of frozen tuna from Thailand.

Dear Mr. De Castro:

In your letter, dated July 28, 1997, you have requested a tariff classification ruling on behalf of your client, Mitsui Foods, Inc.

The merchandise is comprised of frozen, precooked tuna loins that have not been packed in airtight containers. During the manufacturing process, the tuna loins undergo thawing, butchering, precooking, cooling, deskinning, cleaning, filling, sealing, cooking, and freezing.

The tuna loins are shipped in master cartons, four packs per carton, five kilograms per pack. A plastic, bubble, shrink wrap, vacuum bag is used, that is sealed with a clip. The tuna loins have not been packed in airtight containers, as they are closed with a clip.

The applicable subheading for the tuna loins will be 1604.14.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs, fish, whole or in pieces, but not minced, tunas, skipjack and bonito (Sarda spp.), tunas and skipjack, not in airtight containers, other. The rate of duty will be 6 percent ad valorem.

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,

Gwenn Klein Kirschner
Chief, Special Products Branch

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