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NY K87983




August 26, 2004
CLA-2-03: RR: NC: 2: 231 K87983

CATEGORY: CLASSIFICATION

TARIFF NO.: 0306.13.0040

Mr. Jonathan Zakary
GMRI, Inc. DBA Darden Restaurants, Inc.
5900 Lake Ellenor Drive
P.O. Box 59330
Orlando, FL 32859-3330

RE: The tariff classification of frozen, raw shrimps and scallops on bamboo skewers from various countries.

Dear Mr. Zakary:

In your letter dated July 23, 2004, you requested a tariff classification ruling.

The merchandise, identified as “Scallop Chops,” are said to consist of frozen, raw, peeled, and deveined, tail-on shrimp that have been positioned together with frozen raw adductor muscles of sea scallops on a bamboo skewer. The finished product will have 2 sets of two shrimps and one scallop muscle, per set, on each skewer, with the tails of the shrimp completely encircling the sides of the scallop, so that each scallop shall be surrounded on the skewer by a ring of shrimp. The weight of the shrimp will be almost twice that of the scallops. The “Scallop Chops” will be shipped in 32 pound frozen cases, layer-packed in boxes holding 9 layers per box, with plastic sheets between each layer.

The applicable subheading for the “Scallop Chops” will be 0306.13.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for crustaceans, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine;...fit for human consumption: frozen, shrimps and prawns, peeled, imported in accordance with Statistical Note 1 to this chapter. The rate of duty will be Free.

Department of State Form DSP-121 may be required. Questions concerning this requirement should be directed to the Department of State, Bureau of Oceans and International Environmental and Scientific Affairs, Office of Marine Conservation at (202) 647-2335.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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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