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NY M86459





October 11, 2006

CLA-2-16:RR:NC:SP:231 M86459

CATEGORY: CLASSIFICATION

TARIFF NO.: 1605.20.0590

Mr. Don M. Obert
The Law Office of Don M. Obert, P.C.
350 Fifth Avenue, Suite 628
New York, N.Y. 10118

RE: The tariff classification of shrimp egg rolls and shrimp potstickers (Asian-style dumplings) from China.

Dear Mr. Obert:

In your letter dated September 18, 2006, you requested a tariff classification ruling on behalf of Glacier Imports Inc. (Edmonton, Canada).

The ruling was requested on Lucky Jade Food brand “Shrimp Egg Rolls” and “Shrimp Potstickers.” Each of these two separate products consists of a dough jacket (of whole meal flour, salt, water and vegetable shortening) stuffed with shrimp (about 40% of the item’s total weight, in each instance) and various lesser percentages of cabbage, carrots, vermicelli, salt, sugar, vegetable shortening, sesame oil, mushrooms, and spring onions. Each individual “Shrimp Egg Roll” and “Shrimp Potsticker” will weigh approximately 15 grams. Prior to packaging, the egg rolls will be fried, while the potstickers will be steamed. Subsequently, ten (10) pieces of either the “Shrimp Egg Rolls” or the “Shrimp Potstickers” will be sealed in plastic bags (not “air-tight”), inserted into their respective cardboard retail boxes, and frozen prior to their exportation to the United States.

The applicable subheading for both of the above-described products will be 1605.20.0590, Harmonized Tariff Schedule of the United States (HTSUS), which provides for crustaceans, molluscs and other aquatic invertebrates, prepared or preserved: shrimps and prawns: prepared meals, other than in airtight containers, imported in accordance with Statistical Note 1 to chapter 16. The rate of duty will be 5%.

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 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 Nathan Rosenstein at 646-733-3030.

Sincerely,

Robert B. Swierupski
Director,

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