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NY N006574




March 1, 2007

CLA-2-05:RR:NC:SP:231

CATEGORY: CLASSIFICATION

TARIFF NO.: 0511.91.0090

Mr. G. Michael Riley
Cape Point Bait Co. Inc.
P.O. Box 2041
Beaufort, NC 28516

RE: The tariff classification of bait shrimp from China.

Dear Mr. Riley:

In your letters dated November 20, 2006, January 3, 2007 and January 29, 2007, you requested a tariff classification ruling.

The goods in question are frozen shrimp to be imported for use exclusively as recreational fishing bait. Prior to shipment to the United States, the shrimp (species Penaeus vannemei, 91-110 count per pound, head off) will be packaged in 8-ounce plastic tubs, covered with water and frozen. Following importation, the product will be distributed to marinas and bait shops. A photo accompanying your inquiry shows that the lid of a representative container bears the printed heading “BAIT SHRIMP,” and also includes, among other printed information, the phrase “Not for human consumption.”

The applicable subheading for the bait shrimp will be 0511.91.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for animal products not elsewhere specified or included; dead animals of chapter 1 or 3, unfit for human consumption: other: products of fish or crustaceans, molluscs or other aquatic invertebrates; dead animals of chapter 3: other than fertilized fish eggs. The rate of duty will be Free.

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/.

The merchandise in question may be subject to antidumping duties or countervailing duties. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W. Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection.

When imported into the United States, the individual plastic containers will be required to be marked with the country of origin of the shrimp, e.g., “Product of China,” legibly, in a conspicuous place, and in a manner sufficiently permanent to reach the ultimate purchaser. Furthermore, section 134.46 of the Customs Regulations (19 CFR 134.46) provides that “in any case in whichthe name of any city or location in the United States appears on an imported articleand that name may mislead or deceive the ultimate purchaser as to the actual country of origin of the article, there shall appear legibly and permanently in close proximity to such name, and in at least a comparable size, the name of the country of origin preceded by ‘Made in’, ‘Product of’, or other words of similar meaning.”

This merchandise may be subject to additional requirements administered by the following agencies, whose addresses are provided for your reference:

U.S. Department of State
Bureau of Oceans & Int’l. Environmental & Scientific Affairs Office of Marine Conservation
2201 C Street, NW
Washington, DC 20520
Telephone: (202) 647-2335

U.S. Food and Drug Administration (FDA)
5600 Fishers Lane
Rockville, MD 20857
Telephone: (301) 443-6553

U.S. Department of Agriculture (USDA)
APHIS, VS, NCIE
Products Program
4700 River Road, Unit 40
Riverdale, MD 20737-1231
Telephone: (301) 734-3277

U.S. Department of Agriculture (USDA)
Agricultural Marketing Service (AMS)
1400 Independence Avenue, SW
Washington, D.C. 20250
Telephone: (202) 720-8998

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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