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September 2, 1999

CLA-2-16:RR:NC:2:231 E85056

CATEGORY: CLASSIFICATION

TARIFF NO.: 1604.13.3000; 1605.90.6060

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. "Marinated Octopus Tentacles" ("Marinated Polyp Tentacle Slices") are antipasto in oil. The ingredients are octopus tentacles, sunflower oil, wine vinegar, parsley, garlic, salt, citric acid, and sodium benzoate. They are packed in an airtight plastic tray. The net weight is 200 grams.

2. "Sliced Octopus Salad" ("Polyp Slices Salad") is antipasto in oil. The ingredients are octopus, sunflower oil, olives, 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. "Sardine Nibble" is antipasto in oil. The ingredients are sardine fillets (38 percent), sunflower oil, olives stuffed with peppers, wine vinegar, salt, and citric acid. It is packed in an airtight plastic tray (whose net weight is 200 grams) or in a glass jar (285 grams).

4. "Baby Octopus Salad ("Small Polyp Salad") is antipasto in oil. The ingredients are baby octopus, sunflower oil, peppers, carrots, celery, turnips, wine vinegar, parsley, garlic, salt, citric acid, and sodium benzoate. It is packed in an airtight plastic tray (200 grams) or in a glass jar (285 grams).

5. "Mussel Salad" is antipasto in oil. The ingredients are mussels, sunflower oil, peppers, carrots, celery, turnips, wine vinegar, parsley, garlic, salt, citric acid, and sodium benzoate. It is packed in an airtight plastic tray (200 grams) or in a glass jar (285 grams).

The applicable subheading for "Marinated Octopus Tentacles" (item #1), "Sliced Octopus Salad" (item #2), "Baby Octopus Salad" (item #4), and "Mussel Salad" (item #5) will be 1605.90.6060, Harmonized Tariff Schedule of the United States (HTS), which provides for crustaceans, molluscs and other aquatic invertebrates, prepared or preserved, other, other, other, other. The rate of duty will be free.

The applicable subheading for "Sardine Nibble" (item #3) 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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