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NY N013744





July 24, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 1604.14.1091; 1604.14.2299; 1604.14.3099

Ms. Myriam D. Rosa
Air Land Sea-Ways Inc.
P.O. Box 9021253
San Juan, P.R. 00902-1253

RE: The tariff classification of canned tuna from Spain.

Dear Ms. Rosa:

In your letters dated June 28 and July 6, 2007, you requested a tariff classification ruling on behalf of B. Fernandez & Hnos. Inc.

Photocopies of the labels representing two canned fish products were submitted with your inquiry for our review.

The label of one product reads: “White Tuna (Atlantic Bonito) in Olive Oil.” A photo on the label depicts what appears to be “solid white tuna.” The net weight is stated to be 4 ounces, and the ingredients are stated to be white tuna, olive oil and salt. You have advised that the species of this canned fish is Thunnus alalunga.

The label of the other product reads: “White Tuna (Atlantic Bonito) in Brine.” A photo on the label depicts what appears to be “solid white tuna.” The net weight is stated to be 4 ounces, and the ingredients are stated to be white tuna, water and salt. You have advised that the species of this canned fish is Thunnus albacares.

You have suggested the possibility that these products might be classifiable in subheading 1604.19 of the Harmonized Tariff Schedule of the United States (HTSUS), which provides for prepared or preserved fish, whole or in pieces, but not minced, other than those kinds of fish enumerated in preceding 6-digit subheadings of heading 1604. However, we find that Thunnus alalunga and Thunnus albacares are known as albacore tuna and yellowfin tuna, respectively, and that for tariff purposes they are considered tunas specifically provided for in subheading 1604.14, HTSUS.

The applicable subheading for the canned white tuna (Thunnus alalunga) in olive oil will be 1604.14.1091, HTSUS, which provides for prepared or preserved fish fish, whole or in pieces, but not minced: tunas, skipjack and bonito (Sarda spp.): tunas and skipjack: in airtight containers: in oil: other : albacore. The rate of duty will be 35%.

The applicable subheading for the canned white tuna (Thunnus albacares) in brine, if entered under quota, will be 1604.14.2299, HTSUS, which provides for prepared or preserved fish fish, whole or in pieces, but not minced: tunas, skipjack and bonito (Sarda spp.): tunas and skipjack: in airtight containers: not in oil: in containers weighing with their contents not over 7 kg each, and not the product of any insular possession of the United States, for an aggregate quantity entered in any calendar year not to exceed 4.8 percent of apparent United States consumption of tuna in airtight containers during the immediately preceding year, as reported by the National Marine Fisheries Service: other: other. The rate of duty will be 6%.

The applicable subheading for the canned white tuna (Thunnus albacares) in brine, if entered after the tariff rate quota for subheading 1604.14.22 has filled, will be 1604.14.3099, HTSUS, which provides for prepared or preserved fish fish, whole or in pieces, but not minced: tunas, skipjack and bonito (Sarda spp.): tunas and skipjack: in airtight containers: not in oil: other: other: other. The rate of duty will be 12.5%.

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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