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NY N023115




February 28, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 1605.10.2010; 1605.10.2022

Mr. William N. Myhre
Mr. Tim Hobbs
K&L Gates
1601 K Street, NW
Washington, DC 20006

RE: The tariff classification of crabmeat and “cocktail claws” from Thailand or China.

Dear Messrs. Myhre and Hobbs:

In your letter dated February 8, 2008, you requested a tariff classification ruling on behalf of Orion Seafood International, Inc. (Portsmouth, NH). The ruling was requested on two crabmeat products obtained from either King Crabs or Snow Crabs.

The first item, known as crab “combo meat,” is produced as follows:

Start with “crab clusters” (obtained by boiling live crabs in water, breaking the cooked crab into two halves, removing gills, viscera, top shell and mouth pieces, leaving internal shells with attached legs). Wholly extract the cooked meat from the clusters. After testing and inspection, put up the extracted meat in five-pound blocks, which are then frozen and glazed with ice. Vacuum pack the blocks in two-layered, heat-sealed plastic bags having a total wall thickness of either 80 or 95 microns. (The bags have a base layer of polyethylene, to which is laminated a second layer of biaxially-oriented nylon or of polyamide/nylon. The second layer helps to resist puncture.) Place the bagged, frozen blocks of “combo meat” into corrugated containers for shipment to the U.S.

The second item, known as “cocktail claws,” is produced as follows:

Start with the same cooked “crab clusters” described above. Remove the claw portion from the cluster and set aside the other portions for other use. Score the shell of the claw portion around the base of the pincers, and proceed to remove the shell cap covering the meat portion of the claw, thus wholly exposing the meat. This process leaves the shell pincers intact to serve as a decorative handle for consuming the exposed crabmeat. Freeze the resulting “cocktail claws,” glaze them with ice, and pack them in heat-sealed, two-layered plastic bags whose composition is like those described above. (In this instance, however, the bags have a total wall thickness of 145 microns, and, to avoid exertion of undue pressure on the sharply pointed contents, the air is only partially removed from the bags prior to heat sealing. The greater thickness and the use of only a partial vacuum are intended as extra measures of protection against puncture of the airtight bags.) Place the bagged, frozen “cocktail claws” into corrugated containers for shipment to the U.S.

The applicable subheading for the crab “combo meat” and the “cocktail claws,” if obtained from King Crab, will be 1605.10.2010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for crustaceans, molluscs and other aquatic invertebrates, prepared or preserved: crab: other: crabmeat: in airtight containers: King crab. The rate of duty will be Free.

The applicable subheading for the crab “combo meat” and the “cocktail claws,” if obtained from Snow Crab (Chionoecetes opilio), will be 1605.10.2022, HTSUS, which provides for crustaceans, molluscs and other aquatic invertebrates, prepared or preserved: crab: other: crabmeat: in airtight containers: Snow crab: Chionoecetes opilio (small). 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/.

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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