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September 8, 1999

CLA-2-16:RR:NC:2:231 E85058

CATEGORY: CLASSIFICATION

TARIFF NO.: 0410.00.0000; 1604.16.1000; 1604.16.3000; 1604.16.4000; 1605.90.2000

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. "Whole Salt Anchovies" are antipasto. The ingredients are anchovies, salt, and brine. They are packed in an airtight plastic tray. The net weight is 200 grams.

2. "Anchovy Fillets in Green Sauce" are antipasto in oil. The ingredients are anchovy fillets, sunflower oil, green sauce (18 percent by weight and comprised of parsley, seed oil, bread crumbs, wine vinegar, natural flavoring, and sorbic acid), and salt. They are packed in an airtight plastic tray (200 grams) or in a glass jar (285 grams).

3. "Baby Clams Vongole in Natural Broth" are antipasto. The ingredients are clams in their own natural broth, salt, and acidity regulator.

4. "Tomato Sauce With Baby clams" is antipasto in oil. The ingredients are tomato pulp, clams, clam broth, olive oil, parsley, garlic, pepper, and salt.

5. Cuttlefish ink. The ingredients are natural cuttlefish and salt.

The applicable subheading for "Whole Salt Anchovies" (item #1) will be 1604.16.4000, 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, anchovies, other, in immediate containers weighing with their contents 6.8 kilograms or less each. The rate of duty will be 5 percent ad valorem.

The applicable subheading for "Anchovy Fillets in Green Sauce" (item #2), 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 "Anchovy Fillets in Green Sauce" (item #2), 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 "Tomato Sauce With Baby Clams" (item #4) will be 1605.90.2000, HTS, which provides for crustaceans, molluscs and other aquatic invertebrates, prepared or preserved, other, other, clams, in airtight containers, other, other. The rate of duty will be free.

The applicable subheading for cuttlefish ink (item #5) will be 0410.00.0000, HTS, which provides for edible products of animal origin, not elsewhere specified or included. The rate of duty will be 1.3 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on "Baby Clams Vongole in Natural Broth" (item #3). Your request for a classification ruling should include the following:

1. Submit a sample of the product.
2. Provide a detailed description of the manufacturing process, including a listing of all ingredients by weight added to the product

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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See also:

• Tariff No.: 0410.00.00 - Edible products of animal origin, nesi
• Tariff No.: 1604.16.10 - Anchovies, whole or in pieces but not minced, in oil, in airtight containers, the first 3,000 metric tons per year
• Tariff No.: 1604.16.30 - Anchovies, whole or in pieces but not minced, in oil, in airtight containers, after the first 3,000 metric tons per year
• Tariff No.: 1604.16.40 - Prepared or preserved anchovies, whole or in pieces, not minced, not in oil, in immediate containers with their contents 6.8 kg or less ea.
• Tariff No.: 1605.90.20 - Clams, prepared or preserved, excluding boiled clams, in immediate airtight containers, nesi