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NY R01799




May 24, 2005

CLA-2-03:RR:NC:SP:231:R01799

CATEGORY: CLASSIFICATION

TARIFF NO.: 0306.23.0020

Mr. Min Kim
Rhee Bros. Inc
9505 Berger Road
Columbia, MD 21046

RE: The tariff classification of salted shrimp (Acetes chinensis) from China

Dear Mr. Kim:

In your letter dated April 14, 2005, you requested a tariff classification ruling.

The goods in question consists of very small shrimp (scientific name: Acetes chinensis) which are imported in plastic jars of varying sizes. The product is said to consist, by weight, of shrimp (70 percent), salt (14 percent) and water (16 percent). Your letter further states that, to prolong shelf life, this product is shipped, when possible, with frozen or refrigerated seafood products, such as fish or crabs, in refrigerated containers at temperatures ranging from plus (+) 2 degrees Centigrade to minus (–) 18 degrees Centigrade. When offered for retail sale, the product is held in a refrigerated display case at normal refrigerator temperatures (i.e., above freezing), pending sale to the consumer. An analysis by the CBP Lab at New York found the salt content in the sample submitted to be 22.90 percent. While the product is often invoiced as “frozen, salted shrimp,” the CBP Laboratory has determined that the sample product did not freeze at minus (–)18 degrees Centigrade, although held in refrigeration at that temperature for several days. The amount of salt and other soluble solids in the product has lowered its freezing temperature below minus 18 degrees. Accordingly, these salted shrimp would not be frozen shrimp in their condition, as imported.

The applicable subheading for this salted shrimp will be 0306.23.0020, 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; crustaceans, in shell, cooked by steaming or by boiling in water, whether or not chilled, frozen, dried, salted or in brine: flours meals and pellets of crustaceans, fit for human consumption: not frozen: shrimps and prawns, shell-on. 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 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 P. Brady at 646-733-3030.

Sincerely,

Robert B. Swierupski
Director,

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