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NY K82948




February 11, 2004
CLA-2-05:RR:NC:2:231 K82948

CATEGORY: CLASSIFICATION

TARIFF NO.: 0511.91.0000

Mr. Juan Arismendi
13425 Gold Dust Way
Chino Hills, CA 91709

RE: The tariff classification of fish bait from Venezuela.

Dear Mr. Arismendi:

In your letter, which is undated and received in this office on February 5, 2004, you requested a tariff classification ruling.

The merchandise, Ballyhoo fish (Hemiramphus brasiliensis), is fish bait. The product is brined, blast-frozen, and vacuum-packed in sealed, plastic bags. Each sealed, plastic bag will contain twelve fish and weigh one pound. Each fish will be processed whole; no part will be removed prior to processing. The item will be marketed as fish bait and it is not for human consumption.

The applicable subheading for fish bait will be 0511.91.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for animal products not elsewhere specified or included; dead animals of chapter 1 or 3, unfit for human consumption, other, products of fish or crustaceans, molluscs or other aquatic invertebrates; dead animals of chapter 3. The rate of duty will be free.

Additional requirements may be imposed on this product by the Food and Drug Administration. You may contact the FDA at:

Food and Drug Administration
Division of Import Operations and Policy
5600 Fishers Lane
Rockville, MD 20857

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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