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NY N024144




March 20, 2008

CLA-2-03: OT: RR: NC: SP: 231

CATEGORY: CLASSIFICATION

TARIFF NO.: 0304.29.3035; 0304.29.3062; 0304.29.6042; 0304.29.6057; 1604.11.2020; 1604.11.2090; 1604.20.1500

Mr. Robert G. Richardson
Scottish Piper Foods, LLC
Corporate Office
P.O. Box 153041
Arlington, TX 76015

RE: The tariff classification of fish fillets and preparations from China.

Dear Mr. Richardson:

In your letter dated March 04, 2008, you requested a tariff classification ruling.

The merchandise consists of vacuum packed 8 oz. raw fish fillets and fish preparations that will be sold in 7 lb. master cases. The merchandise is described thus:

“Frozen Pacific Cod Fillets”
“Frozen Atlantic Haddock Fillets”
“Frozen Pacific Yellow Fin Sole Fillets” “Frozen Tilapia Fillets”
“Frozen Pacific Keta Chum / Pink Salmon minced patties / burgers”, with salt, pepper, lemon juice, garlic and olive oil. “Frozen Pacific Chum / Pink Salmon kebabs”, with salt, pepper, garlic and olive oil.

The applicable subheading for the “Frozen Pacific Cod Fillets" will be 0304.29.3035, Harmonized Tariff Schedule of the United States (HTSUS), which provides for fish fillets and other fish meat (whether or not minced), fresh, chilled or frozen, frozen fillets, other, other cod. The rate of duty will be Free.

The applicable subheading for the “Frozen Atlantic Haddock Fillets” will be 0304.29.3062, HTSUS, which provides for fish fillets and other fish meat (whether or not minced), fresh, chilled or frozen, frozen fillets, other, other, Haddock. The rate of duty will be Free.

The applicable subheading for the “Frozen Pacific Yellow Fin Sole Fillets” will be 0304.29.6057, HTSUS, which provides for fish fillets and other fish meat (whether or not minced), fresh, chilled of frozen, frozen fillets, other, other, other, other, flatfish, sole. The rate of duty will be Free.

The applicable subheading for “Frozen Tilapia Fillets” will be 0304.29.6042, HTSUS, which provides for fish fillets and other fish meat (whether or not minced), fresh, chilled or frozen, frozen fillets, other, other, fresh-water fish, other, Tilapia, (Tilapiinae). The rate of duty will be Free.

The applicable subheading for "Frozen Pacific Keta Chum / Pink Salmon minced patties / burgers” will be 1604.20.1500, HTSUS, which provides for prepared or preserved fish, caviar and caviar substitutes prepared from fish eggs, other prepared or preserved fish, other, balls, cakes and puddings, in oil. The rate of duty will be Free.

The applicable subheading for “Frozen Pacific Pink Salmon Kebabs” will be 1604.11.2020, HTSUS, which provides for prepared or preserved fish, fish, whole or in pieces, but not minced, salmon, in oil, in airtight containers, pink (humpie). The rate of duty will be 6%.

The applicable subheading for “Frozen Pacific Chum Salmon Kebabs” will be 1604.11.2090, HTSUS, which provides for prepared or preserved fish, fish, whole or in pieces, but not minced, salmon, in oil, in airtight containers, other. The rate of duty will be 6%.

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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