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NY C84076




February 18, 1998

CLA-2-16:RR:NC:2:231 C84076

CATEGORY: CLASSIFICATION

TARIFF NO.: 1604.14.1000; 1604.14.2040

Mr. Robert Santiago
RV Industries, Inc.
2801 Bankers Industrial Drive
Doraville, GA 30360

RE: The tariff classification of canned tuna from the Philippines.

Dear Mr. Santiago:

In your letter, dated February 3, 1998, you have requested a tariff classification ruling.

The products are canned, flake light tuna that has been packed in various sauces. The net weight is 184 grams per can. The merchandise is described thus:

"Hot and Spicy" - listed as number 4 in your brochure. The ingredients are tuna flakes, soybean oil, water, spices, chili, and seasoning.

"Bicol Express" - number 7 in your brochure. The ingredients are tuna flakes, coco milk, chili powder, sugar, spices, and seasoning.

"Lechon Paksiw" - number 8 in your brochure. The ingredients are tuna flakes, soybean oil, water, vinegar, soy sauce, bread crumbs, sugar, salt, spices, and seasoning.

"Binagoongan" - number 12 in your brochure. The ingredients are tuna flakes, water, fermented shrimp, soybean oil, red bell pepper, spices, and seasoning.

The applicable subheading for "Hot and Spicy" (item 4), "Lechon Paksiw" (item 8), and "Binagoongan" (item 12), will be 1604.14.1000, 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, in airtight containers, in oil. The rate of duty will be 35 percent ad valorem.

The applicable subheading for "Bicol Express" (item 7) will be 1604.14.2040, 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, in airtight containers, not in oil, in containers weighing with their contents not over 7 kilograms each, and not the product of any insular possession of the United States, for an aggregate quantity entered in any calendar year not to exceed 20 percent of the United States pack of canned tuna during the immediately preceding year, as reported by the National Marine Fisheries Service, 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,

Robert B. Swierupski
Director

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