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NY M84029




June 5, 2006

CLA-2-16: RR: NC: SP: 231 M84029

CATEGORY: CLASSIFICATION

TARIFF NO.: 1605.90.5000

Mr. Barry L. Johnston
King & Prince Seafood Corporation
1 King & Prince Boulevard
P.O. Box 899
Brunswick, GA 31521

RE: The tariff classification of breaded oysters from China. Correction to Ruling Number M82346

Dear Mr. Johnson:

This replaces Ruling Number M82346, dated May 30, 2006, which contained a clerical error. In that ruling the merchandise was mistakenly identified as crabmeat, instead of breaded oysters. A complete corrected ruling follows.

The merchandise is comprised of breaded, par-fried and individually quick frozen (IQF) oysters of the species Ostrea (Crassostrea) gigas and Ostrea (Crassostrea) plicatula. The product composition will consist of 60 percent oysters and 40 percent batter and breading. The ingredients include oysters, wheat flour, modified cornstarch, rice flour, wheat gluten, garlic powder, black pepper, onion powder, hydrolyzed vegetable protein, sodium bicarbonate, salt, disodium inosinate and disodium guanylate. The final product will contain 20-35 oysters per pound and will be packaged in 2-pound packs. These packs will be further packed 5 per case (net weight 10 lbs.) and then packed in a master case. You indicate that this product will be sold primarily to restaurants and food distributors.

The applicable subheading for the breaded oysters will be1605.90.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for crustaceans, molluscs and other aquatic invertebrates, prepared or preserved, other, other, oysters, other. The rate of duty will be 4.7 percent ad valorem.

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.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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