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NY L81733




January 25, 2005

CLA-2-16: RR: NC: SP: 231 L81733

CATEGORY: CLASSIFICATION

TARIFF NO.: 1605.20.1030

Mr. Michael J. Coursey
Collier Shannon Scott, PLLC
Washington Harbour, Suite 400
3050 K Street, NW
Washington, DC 20007-5108

RE: The tariff classification of flour-dusted quick frozen shrimp from China.

Dear Mr.Coursey:

In your letter dated December 13, 2004, on behalf of Eastern Fish Company and Long John Silver’s Inc., you requested a tariff classification ruling.

The merchandise consists of peeled, headless and deveined shrimp that are “dusted” with an even layer of rice or wheat flour, and then immediately quick frozen, and packed for shipment. You state that the amount of flour that coats the shrimp through this process constitutes at least 4 percent of the total weight of the shrimp prior to being frozen. You indicate that the flour-dusted shrimp are ultimately hand battered and deep fried from its frozen form immediately before being served as battered shrimp to customers. The large shrimp will be shipped in 3-pound plastic bags packed in 27-pound cartons and smaller shrimp in 5-pound plastic bags packed in 20-pound cartons.

The applicable subheading for the flour-dusted shrimp, will be 1605.20.1030, HTS, which provides for crustaceans, molluscs and other aquatic invertebrates, prepared or preserved, shrimps and prawns, other, frozen, imported in accordance with Statistical Note 1 to Chapter 16, other, other. The rate of duty will be Free

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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