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NY L86382




July 27, 2005

CLA-2-16: RR: NC: SP: 231 L86382

CATEGORY: CLASSIFICATION

TARIFF NO.: 1605.20.1030

Mr. Dale Brunton
FoodTeam USA
555 River Drive South (Room 612)
Jersey City, NJ 07310

RE: The tariff classification of breaded shrimp from China.

Dear Mr. Brunton:

In your letter dated June 21, 2005 you requested a tariff classification ruling.

The merchandise in question includes three items. These items are preparations of headless, peeled, deveined shrimp with tail on. In the course of preparation, each of these items will be seasoned (pepper, sugar, salt, garlic & corn starch) and wrapped in pastry paper (wheat flour, soybean oil, water, & salt). The individual items are described, as follows:

Item A “Breaded Shrimp” consists of 40 percent shrimp that is seasoned, wrapped in pastry paper and par-fried. The coating on these shrimp total approximately from 50 to 60 percent of the product weight.

Item B “Breaded Shrimp” consists of 40 percent shrimp combined with 24 percent minced Surimi shrimp meat that is seasoned, wrapped in pastry paper and par-fried.

Item C “Breaded Shrimp” consists of 30 percent shrimp combined with 34 percent minced Surimi shrimp meat that is seasoned, wrapped in pastry paper and par-fried.

The applicable subheading for the shrimp preparations, 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 merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

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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