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NY B88780





August 29, 1997

CLA-2-03:RR:NC:2:231 B88780

CATEGORY: CLASSIFICATION

TARIFF NO.: 0303.79.2098

Mr. Tomas Jimenez
Rodelu International
1301 Riverplace Boulevard, Suite 2554
Riverplace Tower
Jacksonville, FL 32207

RE: The tariff classification of frozen fish from Argentina.

Dear Mr. Jimenez:

In your letter, dated August 18, 1997, you have requested a tariff classification ruling.

The product is sabalo, a fresh-water fish (Prochilodus platensis). It is described thus:

1. Frozen, whole, head and tail on, gutted. 2. Frozen fillet, without bone.
3. Frozen fillet, with bone.
4. Non-frozen, whole, salted, tail on, gutted, head off.

The applicable subheading for the sabalo (Prochilodus platensis), frozen, whole, head and tail on, gutted (item #1 listed above), will be 0303.79.2098, Harmonized Tariff Schedule of the United States (HTS), which provides for fish, frozen, excluding fish fillets and other fish meat of heading 0304, other fish, excluding livers and roes, other, smelts, cusk, pollock, shad, sturgeon, swordfish and fresh-water fish, fresh-water fish, other, other. The rate of duty will free.

In order to issue a ruling on the fillets (with and without bone, items # 2 and 3 listed above) and the non-frozen (whole, salted, tail on, gutted, head off, item #4 listed above), this office requires additional information as indicated below.

1. Provide the following information about the frozen fillets:
a. whether they are skinned b. whether they are frozen into blocks each weighing over 4.5 kilograms c. whether they are imported to be minced, ground or cut into pieces of uniform weight and dimensions

2. Submit the following information about the non-frozen, whole, salted fish:
a. Describe the salting process. b. Is the fish dried or smoked? c. If it is neither dried, nor smoked, how is it shipped? Is it packed in immediate containers weighing with their contents 6.8 kilograms or less each?

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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