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NY E84853





August 30, 1999

CLA-2-16:RR:NC:2:231 E84853

CATEGORY: CLASSIFICATION

TARIFF NO.: 1604.13.3000; 1604.16.1000; 1604.16.3000; 1604.20.0590; 1604.20.1500; 1605.90.6050

Mr. John Ockey
USA Export Managers
Via Pallavicino, 21
20145 Milano
Italy

RE: The tariff classification of prepared seafood from Italy.

Dear Mr. Ockey:

In your letter, dated July 10, 1999, you have requested a tariff classification ruling.

The merchandise is prepared seafood that has been packed in airtight plastic trays. It is described thus:

1. "Mixed Calamary Salad" is antipasto in oil. The ingredients are calamary (60 percent), sunflower oil, shrimp, peppers, cucumbers, wine vinegar, parsley, garlic, salt, citric acid, and sodium benzoate. The net weight is 200 grams.

2. "Indian Salad" is antipasto in oil. The ingredients are imitation crab meat [comprised of cod, sugar, stabilizers (sorbitol and sodium phosphate), water, corn starch, albumen, natural flavoring, salt, flavor enhancer, natural crab extract, and spices], sunflower oil, peppers, cucumbers, pearl onions, shrimp, wine vinegar, parsley, garlic, salt, citric acid, and sodium benzoate. The net weight is 200 grams.

3. "Exotic Salad" ("Esotic Salad") is antipasto in oil. The ingredients are surimi, sunflower oil, vegetables in variable proportions (peppers, cucumbers, pearl onions), wine vinegar, parsley, garlic, salt, acidity regulator, and preservative.

4. "White Anchovy Fillets" are antipasto in oil. The ingredients are anchovy fillets, sunflower oil, wine vinegar, parsley, garlic, salt, and citric acid. The net weight is 285 grams.

5. "Sardine Fillets With Flavour" ("Sea Fillets With Flavour") are antipasto in oil. The ingredients are sardine fillets, sunflower oil, wine vinegar, parsley, garlic, salt, and citric acid. The net weight is 200 grams.

The applicable subheading for "Mixed Calamary Salad" (item #1) will be 1605.90.6050, Harmonized Tariff Schedule of the United States (HTS), which provides for crustaceans, molluscs and other aquatic invertebrates, prepared or preserved, other, other, other, squid, Loligo. The rate of duty will be free.

The applicable subheading for "Indian Salad" (item #2) will be 1604.20.0590, HTS, which provides for prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs, other prepared or preserved fish, products containing meat of crustaceans, molluscs or other aquatic invertebrates; prepared meals, other. The rate of duty will be 10 percent ad valorem.

The applicable subheading for "Exotic Salad" (item #3) will be 1604.20.1500, HTS, which provides for prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs, other prepared or preserved fish, other, balls, cakes and puddings, in oil. The rate of duty will be free.

The applicable subheading for "White Anchovy Fillets" (item #4), if entered under quota, will be 1604.16.1000, HTS, which provides for prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs, fish, whole or in pieces, but not minced, anchovies, in oil, in airtight containers, for an aggregate quantity entered in any calendar year not to exceed 3,000 metric tons. The rate of duty will be free.

The applicable subheading for "White Anchovy Fillets" (item #4), if entered outside the quota, will be 1604.16.3000, HTS, which provides for prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs, fish, whole or in pieces, but not minced, anchovies, in oil, in airtight containers, other. The rate of duty will be free.

The applicable subheading for "Sardine Fillets With Flavour" (item #5) will be 1604.13.3000, HTS, which provides for prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs, fish, whole or in pieces, but not minced, sardines, sardinella and brisling or sprats, in oil, in airtight containers, other, skinned or boned. The rate of duty will be 20 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 Thomas Brady at (212) 637-7064.

Sincerely,

Robert B. Swierupski
Director

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