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NY H88899




March 21, 2002

CLA-2-16:RR:NC:2:231 H88899

CATEGORY: CLASSIFICATION

TARIFF NO.: 1605.20.1010; 1605.20.1030

Mr. Roy Leon
Ameritrans World Group, Inc.
7102 N.W. 50th Street
Miami, FL 33166-5636

RE: The tariff classification of skewered shrimp and pineapple from China.

Dear Mr. Leon:

In your letter, which is undated and received in this office on March 1, 2002, you requested a tariff classification ruling.

The merchandise is comprised of frozen, skewered pieces of shrimp and pineapple. During the manufacturing process, 1 gram of salt and 1 gram of ginger juice are mixed with 10 grams of water. Then shrimp, weighing 159.5 grams, is placed in the mixture for 40 minutes. Steam is applied for 1 minute. There are 71-90 pieces of shrimp per 500 grams of product. Three pieces of shrimp and two pieces of block pineapple are on each stick. The weight is 20 grams (plus or minus 5 percent) without the stick; the weight is 21-21.5 grams (plus or minus 5 percent) with the stick. All ingredients are of Chinese origin.

The skewered shrimp and pineapple will be imported prepared, assembled, and in bulk. The product will be imported in large cartons, 400 pieces per carton. In the United States it will be repackaged in smaller containers for the ultimate consumer.

In your correspondence you indicate that the product will be imported both in airtight containers and not in airtight containers. You also state that the product will contain more than 20 percent by weight of shrimp.

General Note 2 to Chapter 16, HTS, states, “Food preparations fall in this chapter provided that they contain more than 20 percent by weight of sausage, meat, meat offal, blood, fish of crustaceans, molluscs or other aquatic invertebrates, or any combination thereof.”

Accordingly, the applicable subheading for skewered shrimp and pineapple, if in airtight containers, will be 1605.20.1010, Harmonized Tariff Schedule of the United States (HTS), which provides for crustaceans, molluscs and other aquatic invertebrates, prepared or preserved, shrimps and prawns, other, frozen, imported in accordance with Statistical Note 1 to Chapter 16, in airtight containers. The rate of duty will be free.

The applicable subheading for skewered shrimp and pineapple, if not in airtight containers, will be 1605.20.1030, HTS, which provides for crustaceans, molluscs and other aquatic invertebrates, prepared or preserved, shrimps and prawns, other, frozen, imported in accordance with Statistical Note 1 to Chapter 16, other, 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 (646) 733-3030.

Sincerely,

Robert B. Swierupski
Director

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