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NY I83570





July 18, 2002

CLA-2-16:RR:NC:2:231 I83570

CATEGORY: CLASSIFICATION

TARIFF NO.: 1605.40.1090

Mr. Barry Johnston
King and Prince Seafood Corporation
1 King and Prince Boulevard
P.O. Box 899
Brunswick, GA 31521

RE: The tariff classification of lobster tails from Brazil.

Dear Mr. Johnston:

In your letter, dated July 10, 2002, you requested a tariff classification ruling.

The merchandise is described thus:

“King and Prince” brand “Fancy BF Lobster Tails,” item 055635, is comprised of 5 ounce, butterflied lobster tails (Panulirus argus or Caribbean spiny lobster). The ingredients are lobster tails coated with protective glaze containing water, soybean oil, salt, lecithin, xanthan gum, sugar, hydrolyzed corn protein, garlic powder, white pepper, natural butter flavor, beta carotene, disodium inosinate, disodium guanylate, and sodium bisulfite. A butter glaze is applied, the item is individually quick-frozen, and then it is packaged. The butterflied lobster tails are sourced from Brazil. The product will be sold to restaurants and food wholesalers. “King and Prince” brand “Fancy BF Lobster Tails,” item 055636, is comprised of 6 ounce, butterflied lobster tails (Panulirus argus or Caribbean spiny lobster). The ingredients are lobster tails coated with protective glaze containing water, soybean oil, salt, lecithin, xanthan gum, sugar, hydrolyzed corn protein, garlic powder, white pepper, natural butter flavor, beta carotene, disodium inosinate, disodium guanylate, and sodium bisulfite. A butter glaze is applied, the item is individually quick-frozen, and then it is packaged. The butterflied lobster tails are sourced from Brazil. The product will be sold to restaurants and food wholesalers. “King and Prince” brand “Fancy BF Lobster Tails,” item 055446, is comprised of 6 ounce, butterflied lobster tails (Panulirus argus or Caribbean spiny lobster). The ingredients are lobster tails coated with protective glaze containing water, soybean oil, salt, lecithin, xanthan gum, sugar, hydrolyzed corn protein, garlic powder, white pepper, natural butter flavor, beta carotene, disodium inosinate, disodium guanylate, and sodium bisulfite. A butter glaze is applied, the item is individually quick-frozen, and then it is packaged. The butterflied lobster tails are sourced from Brazil. The product will be sold to restaurants and food wholesalers.

The applicable subheading for lobster tails (items 1, 2, and 3) will be 1605.40.1090, Harmonized Tariff Schedule of the United States (HTS), which provides for crustaceans, molluscs and other aquatic invertebrates, prepared or preserved, other crustaceans, 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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