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NY L82600





March 15, 2005

CLA-2-16: RR: NC: SP: 231 L82600

CATEGORY: CLASSIFICATION

TARIFF NO.: 1604.14.1099

Ms. Sue Lee
Trans Gate International LLC.
175-01 Rockaway Blvd., Suite # 215
Jamaica, NY 11434

RE: The tariff classification of canned tuna from Korea.

Dear Ms. Lee:

In your letter dated February 02, 2005, on behalf of your client Haemalkn Sikpoom Inc., you requested a tariff classification ruling.

The products in question, which consist of canned tuna fish with added oil, prepared in different styles and put up in metal cans of 5.3 ounces (about 150 grams), net weight. These preparations, with their ingredients, are listed as follows:

“Tuna with DHA” consists of 85.0 percent Skipjack tuna and 12.0 percent docosahexaenoic acid (DHA) oil, with a small amount of water and vegetable juice.

“Light Standard Tuna” and “Mild Tuna” consist of 85.0 percent Skipjack tuna and12.0 percent cottonseed oil, with a small amount of water and vegetable juice.

“Fresh Tuna” consist of 85.0 percent Yellow Fin tuna and 15.0 percent cottonseed oil.

“Kimchi Sauce Tuna” consists of 85.0 percent Skipjack tuna, 4.0 percent cottonseed oil, 3.9 percent water, with small additions of shellfish concentrate, red hot pepper and pork concentrate.

Vegetable Tuna.” The ingredients are 43.0 percent Skipjack tuna, 31 percent vegetables, 11.8 percent water, 11 percent cottonseed oil, mustard sauce, sugar and vegetable juice.

“Jhajiang Sauce Tuna.” The ingredients are 33.3 percent Skipjack tuna, 37.8 percent Jjajang (soy bean) sauce, 24.9 percent vegetables, and 4.0 percent cottonseed oil.

“Hot Pepper Tuna.” The ingredients are 50.3 percent Skipjack tuna, 32.0 percent hot pepper sauce, 7.8 percent vegetables, 4.0 percent cottonseed oil, and small amounts of water and hot pepper paste.

The applicable subheading for “”Tuna with DHA,” “Light Standard Tuna,” “Mild Tuna,” “Fresh Tuna,” Vegetable Tuna,” “Jhajiang Sauce Tuna” and “Hot Pepper Tuna” will be 1604.14.1099, 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, tunas, skipjack and bonito (Sarda spp.), tunas and skipjack, in airtight containers, in oil. The rate of duty will be 35 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the “Kimchi Sauce Tuna.” Your request for a classification ruling should include an explanation of the shellfish concentrate and pork concentrate,--specifically, whether these concentrates contain any shellfish meat or pork meat, or whether they are merely flavoring extracts or essences. When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you.

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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