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NY J84861




June 13, 2003

CLA-2-16:RR:NC:2:231 J84861

CATEGORY: CLASSIFICATION

TARIFF NO.: 1604.14.1090

Ms. Alice Liu
Atico International USA, Inc.
501 South Andrews Avenue
Fort Lauderdale, FL 33301

RE: The tariff classification of canned tuna from Thailand.

Dear Ms. Liu:

In your letter, dated May 14, 2003, you requested a tariff classification ruling.

The merchandise is described thus:

1. “Sealect” brand, canned, “Snackit - Tuna and Mayonnaise” (American style), item C19J0031, contains tuna in the form of flakes or pieces, but not minced, with mayonnaise. The ingredients are tuna spread (containing mayonnaise, tuna, water chestnuts, pickle cucumbers, and flavor enhancer) and crackers (wheat flour, palm oil, sugar, and salt). The tuna spread portion contains, by weight, 30 percent tuna, 25.8 percent water, 15 percent water chestnuts, 11 percent soybean oil, 8 percent vinegar, 6 percent sugar, 3 percent pickle cucumbers, 1 percent egg powder, 0.1 percent monosodium glutamate (MSG or E621), and 0.1 percent thickening agents (E1414 and E415). The product is packed in a pull-top, metal can of 85 grams, net, in a plastic container, along with a package of 6 crackers, a small, plastic spoon, and a napkin.

2. “Sealect” brand, “Snackit - Tuna and Mayonnaise” (Japanese style), item C19J0032, contains tuna in the form of flakes or pieces, but not minced, with mayonnaise. The ingredients are tuna spread (mayonnaise, tuna, water chestnuts, carrots, sweet corn, and flavor enhancer) and crackers (wheat flour, palm oil, sugar, and salt). The tuna spread portion contains, by weight, 30 percent tuna, 25.8 percent water, 12 percent soybean oil, 7 percent sugar, 7 percent vinegar, 6 percent water chestnuts, 6 percent carrots, 5 percent sweet corn, 1 percent egg powder, 0.1 percent MSG (E621), and 0.1 percent thickening agents (E1414 and E415). The product is packed in a pull-top, metal can of 85 grams, net, in a plastic container, along with a package of 6 crackers, a small, plastic spoon, and a napkin.

The applicable subheading for the canned tuna preparations (items 1 and 2) will be 1604.14.1090, 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, tunas, skipjack and bonito (Sarda spp.), tunas and skipjack, in airtight containers, in oil, other. The rate of duty will be 35 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 (646) 733-3030.

Sincerely,

Robert B. Swierupski
Director

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