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NY E85055





August 30, 1999

CLA-2-16:RR:NC:2:231 E85055

CATEGORY: CLASSIFICATION

TARIFF NO.: 1604.16.1000; 1604.16.3000; 1604.19.3000; 1604.20.0590; 1604.20.1500

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, prepared seafood, is described thus:

1. "Imitation Crab meat Prawns" (surimi prawns) are antipasto in oil. The ingredients are food preparation [comprised of white fish, corn starch, albumen, natural crab flavoring, salt, sugar, flavor enhancer, water, paprika, stabilizer (sorbitol), and thickening agents (sodium phosphate and polyphosphates)], sunflower oil, peppers, cucumbers, wine vinegar, parsley, garlic, salt, citric acid, and sodium benzoate. It is packed in an airtight plastic tray. The net weight is 200 grams.

2. "Imitation Crab Meat Lobster Chelae" (surimi lobster chelae) is antipasto in oil. The ingredients are food preparation [white fish, corn starch, albumen, salt, thickening agent (sodium phosphate), sugar, soy oil, water, lobster, natural lobster flavoring, flavor enhancer, and paprika], sunflower oil, peppers, cucumbers, wine vinegar, parsley, garlic, salt, citric acid, and sodium benzoate. It is packed in an airtight plastic tray. The net weight is 200 grams.

3. "Soused Fry" is antipasto in oil. The ingredients are Atherina boyeri, sunflower oil, wine vinegar, flour, parsley, garlic, and salt. It is packed in an airtight plastic tray (whose net weight is 200 grams) or in a glass jar (285 grams).

4. "Soused Eel" is antipasto in oil. It is packed in a glass jar. The net weight is 285 grams. 5. "Whole Anchovies Alla Casalinga" are antipasto in oil. The ingredients are anchovies, sunflower oil, salt, spices, and aromatic herbs. They are packed in an airtight plastic tray. The net weight is 200 grams. The applicable subheading for "Imitation Crab Meat Prawns" (item #1) will be 1604.20.1500, Harmonized Tariff Schedule of the United States (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 "Imitations Crab Meat Lobster Chelae" (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 "Soused Fry" (item #3) and "Soused Eel" (item #4) will be 1604.19.3000, HTS, which provides for prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs, fish, whole or in pieces, but not minced, other (including yellowtail), in airtight containers, in oil, other. The rate of duty will be 4 percent ad valorem.

The applicable subheading for "Whole Anchovies Alla Casalinga" (item #5), 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 "Whole Anchovies Alla Casalinga" (item #5), 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.

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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