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NY H89794




March 22, 2002

CLA-2-16:RR:NC:2:231 H89794

CATEGORY: CLASSIFICATION

TARIFF NO.: 1604.14.2020; 1604.14.3020

Mr. Achaya Tantharatana
Authentic Thai Import House (AT Import House) 18662 MacArthur Boulevard, Suite 200
Irvine, CA 92612

RE: The tariff classification of canned tuna from Thailand.

Dear Mr. Tantharatana:

In your letter, dated March 13, 2002, you requested a tariff classification ruling.

The merchandise is comprised of canned tuna, not in oil, and in airtight containers. It is described thus:

Solid white albacore in brine. The ingredients are solid white tuna, water, vegetable broth, salt, and pyrophosphate. The product is packed in 6 ounce cans (170 grams), 48 cans per carton. Chunk albacore in brine. The ingredients are chunk white tuna, water, vegetable broth, salt, and pyrophosphate. The product is packed in 66.5 ounce cans (1,885 grams), 6 cans per carton.

The applicable subheading for canned tuna in brine (items 1 and 2) will be 1604.14, Harmonized Tariff Schedule of the United States (HTS), under the provision for tunas and skipjack, in airtight containers, not in oil. Within this provision, classification will be under either one of two further subheadings. First, if entered within the tariff rate quota period, this tuna product will be classified in subheading 1604.14.2020, HTS, the provision for tuna, not in oil, in airtight containers weighing with their contents not over 7 kilograms each, and not the product of any insular possession of the United States, for an aggregate quantity entered in any calendar year not to exceed 20 percent of the United States pack of canned tuna during the immediately preceding year, as reported by the National Marine Fisheries Service. The rate of duty will be 6 percent ad valorem. If entered after the tariff rate quota has been filled, this tuna product will be classified in subheading 1604.14.3020, HTS. The rate of duty will be 12.5 percent ad valorem. Note that the tariff rate quota for this merchandise opens on January 1 each calendar year, and closes when the full quota amount has been entered.

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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