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NY R02824




November 30, 2005

CLA-2-16: RR: NC: SP: 231 R02824

CATEGORY: CLASSIFICATION

TARIFF NO.: 1604.30.4000

Mr.Chris Katopodis
Target 4 You Inc.
19380 Collins Ave. (B 816)
Sunny Isles Beach, FL 33160 - 2239

RE: The tariff classification of “Striped Mullet” fish roe from Brazil.

Dear Mr. Katopodis:

In your letter dated November 09, 2005 you requested a tariff classification ruling.

The merchandise is comprised of processed “Striped Mullet” (Mugil Cephalus) fish roe, called “Mullet Bottarga” or “Bottarga di Muggine,” from Brazil. During the manufacturing process, fish eggs in their natural sac go through a complete washing with water. The starting quantity of fish eggs is 10 kilograms. The washed fish eggs are laid down and salted with fine sea salt (1.5 kilograms). The fish roe is permitted to remain covered with sea salt for 3 hours, and then it is washed again (wherein the salt is removed). Then it is placed in a ventilated room for one week, during which the fish roe is turned every 12 hours (to ensure complete drying). The resulting fish roe, with an average weight of 7 kilograms, undergoes a 30 percent weight loss from the initial product. The sodium amount is 5.8 percent. The product does not contain preservatives, colorants, or other added ingredients. A picture of the finished product, submitted with this request, shows a rectangular cake of fish roe, sealed with a coating of beeswax on all sides. This cake may be sliced across its width to obtain a desired amount of the roe. The net weight of the product will vary from 300 to 320 grams per cake. Bottarga is used as a seasoning for various dishes, providing a sharp, salty flavor. It is recommended that the product be refrigerated.

Heading 16.04, note 6, Explanatory Notes, describes articles that are classifiable as caviar substitutes in 1604.30, HTS. Note 6 defines caviar substitutes thus: “These are products consumed as caviar but prepared from the eggs of fish other than sturgeon (e.g., salmon, carp, pike, tuna, mullet, cod, lumpfish), which have been washed, cleaned of adherent organs, salted and sometimes pressed or dried. Such fish eggs may also be seasoned and colored.” The “Striped Mullet” fish roe, sealed in beeswax, is described by note 6, and therefore, is classifiable as a caviar substitute.

Accordingly, the applicable subheading for the “Striped Mullet” fish roe will be 1604.30.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs, caviar and caviar substitutes, caviar substitutes, 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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