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NY G80346




August 15, 2000

CLA-2-16:RR:NC:2:231 G80346

CATEGORY: CLASSIFICATION

TARIFF NO.: 1604.13.1000; 1604.13.2000

Mr. Eric Piker
Globus Food Systems International Corporation Two World Trade Center, Suite 2400
New York, NY 10048

RE: The tariff classification of canned sardines from Estonia.

Dear Mr. Piker:

In your letter, dated August 7, 2000, you requested a classification ruling.

The merchandise is comprised of canned sprats (Spratus spratus) that have been smoked and packed in vegetable oil and salt. They will be available in 100 and 160 gram tins. An examination of the submitted sample indicates that the product consists of whole fish, neither skinned, nor boned, that has been smoked, headed, and packed in vegetable oil and salt.

The smoking process consists of the following steps:
a drying procedure utilizing hot air from the burning of wood at a temperature range of 65-80 degrees Centigrade for a period of 15-20 minutes cooking-the temperature of the steam ranges from 130-160 degrees Centigrade; the time span is 15-20 minutes. The cooking temperature is contingent upon the size and fat content of the sprats. smoking process-performed at 80-150 degrees Centigrade for a period of 20-30 minutes cooling-the sprats are cooled to 30 degrees Centigrade

The smoking process takes 1½ hours. After cooling has been effected, the sprats are beheaded and packed in aluminum cans. Then oil is added and the cans are sterilized.

The applicable subheading for canned sprats in oil (smoked, neither skinned, nor boned), if valued at $1 or more per kilogram in tinplate containers, or $1.10 or more per kilogram in other containers, will be 1604.13.1000, 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, sardines, sardinella and brisling or sprats, in oil, in airtight containers, smoked sardines, neither skinned nor boned, valued $1 or more per kilogram in tinplate containers, or $1.10 or more per kilogram in other containers. The rate of duty will be free.

The applicable subheading for canned sprats in oil (smoked, neither skinned, nor boned), if not valued at $1 or more per kilogram in tinplate containers, or $1.10 or more per kilogram in other containers, will be 1604.13.2000, 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, neither skinned nor boned. The rate of duty will be 15 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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