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NY N010740




May 24, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 1604.19.2000

Mr. Robert G. Richardson
Highland Piper Foods, Inc.
Corporate Office
P.O. Box 152741
Arlington, TX 76015

RE: The tariff classification of canned cod pieces from England.

Dear Mr. Richardson:

In your letter dated April 30, 2007, you requested a tariff classification ruling.

The product consists of cooked salted Pacific cod pieces (Bacalau) in water and put up in 6 ounce (net weight) metal cans. You indicate that this product is for use in retail and food service industries.

The applicable subheading for the cooked salted Pacific cod pieces (Bacalau) in water will be 1604.19.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for prepared or preserved fish, fish, whole or in pieces, but not minced, other (including yellowtail), in airtight containers, not in oil, other. The rate of duty will be 4 percent ad valorem.

This fish may be subject to labeling and other regulations administered by the U.S. Food and Drug Administration. Requests for information regarding applicable regulations administered by the FDA may be addressed to that agency at the following location:

Food and Drug Administration
Division of Import Operations and Policy
5600 Fishers Lane
Rockville, MD 20857

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.

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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