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NY N008374




March 26, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 1604.30.4000

Mr.Chris Katopodis
Target 4 You Inc.
222 Bridge Creek Blvd.
Ocoee, FL 34761

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

Dear Mr. Katopodis:

In your letter dated March 15, 2007 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 elongated vacuum-sealed plastic sacs of fish roe. The net weight of the product will vary from 300 to 320 grams per sac. 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, Harmonized Tariff Schedule of the United States (HTSUS). 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, vacuum-sealed in plastic sacs, 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 (HTSUS), 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.

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 Nathan Rosenstein at 646-733-3030.

Sincerely,

Robert B. Swierupski
Director,

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