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NY J88552




September 8, 2003

CLA-2-16:RR:NC:2:231 J88552

CATEGORY: CLASSIFICATION

TARIFF NO.: 1604.20.0590

Ms. Penny Apostolidis
Zaloom Marketing Corporation
31 Schrieffer Street
South Hackensack, NJ 07606

RE: The tariff classification of imitation, coconut, breaded butterfly shrimp from Thailand.

Dear Ms. Apostolidis:

In your letter, dated August 26, 2003, you requested a tariff classification ruling.

The merchandise is comprised of “Asian Star” brand imitation, coconut, breaded butterfly shrimp. The raw materials include boiled shrimp tail and frozen, cooked pink prawn. The ingredients are fish protein (pollock, threadfin bream, and/or whiting), water, coconut flakes, wheat flour, wheat starch, real shrimp meat, and sorbitol. The product also contains 2 percent or less of the following: sugar, soy protein, vegetable oil, salt, shrimp flavoring, mirin (rice wine), egg white powder, coconut flavoring, flavor enhancer (monosodium glutamate), calcium carbonate, and natural coloring (paprika). There is a minimum of 10 percent real shrimp in the product. The net weight is one kilogram.

The applicable subheading for imitation, coconut, breaded butterfly shrimp will be 1604.20.0590, Harmonized Tariff Schedule of the United States (HTS), which provides for prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs, other prepared or preserved fish, products containing meat of crustaceans, molluscs or other aquatic invertebrates; prepared meals, other. The rate of duty will be 10 percent ad valorem.

Subheading 1604.20.0590, HTSUS, is currently listed as an eligible subheading for duty purposes under the Generalized System of Preferences (GSP). Goods classifiable under this subheading, which are products of Thailand, may be entitled to duty free treatment under this GSP provision, upon compliance with all applicable regulations. The GSP, however, is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check the Customs Web site at www.customs.gov. At the Web site, click on "CEBB" and then search for the term "T-GSP".

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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