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NY K83880




March 8, 2004
CLA-2-16:RR:NC:2:231 K83880

CATEGORY: CLASSIFICATION

TARIFF NO.: 1604.13.3000

Mr. Richard Wohlrab
Coppersmith, Inc.
AIOP Building A3W
145 Hook Creek Boulevard
Valley Stream, NY 11581

RE: The tariff classification of canned sardines from Portugal.

Dear Mr. Wohlrab:

In your letter, dated March 2, 2004, on behalf of your client, Tree of Life, DBA Liberty Richter, Saddle Brook, NJ, you requested a tariff classification ruling.

The merchandise is comprised of skinless and boneless sardines (Sardina pilchardus (Walbaum, 1792) that are packed in pure olive oil. The ingredients are sardines, olive oil, and salt. The product is packed in cans with net weights of 3.75 ounces and 4.375 ounces.

The applicable subheading for canned sardines will be 1604.13.3000, 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, sardines, sardinella and brisling or sprats, in oil, in airtight containers, other, skinned or boned. The rate of duty will be 20 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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