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NY N024650




April 1, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 1605.20.1030

Mr. John K. Greenlee
John A. Steer Co.
28 S. 2nd Street
Philadelphia, PA 19106

RE: The tariff classification of frozen prepared shrimp from Thailand.

Dear Mr. Greenlee:

In your letter dated March 12, 2008, you requested a tariff classification ruling on behalf of Limson Trading Inc. (Darien, CT).

The item in question is identified as “Raw Frozen Parmesan Garlic Butter Shrimp.” The ingredients are as follows: farm-raised vannamei white shrimp (65.00%), butter (9.00%), parmesan cheese (5.00%), milk (5.00%), bread crumbs (3.50%), white onion (2.25%), shallots (2.00%), fresh garlic (2.00%), wheat flour (2.00%), olive oil (1.50%), soy oil (1.50%), fresh parsley (0.50%), salt (0.50%), and white pepper (0.25%).

Based on a submitted photo and information you provided by telephone, it appears that six discrete butterflied shrimp, each with a coating or topping made of the other ingredients, will be packed in a non-airtight, shrink-wrapped plastic tray. The product is said to be intended for retail sale.

The applicable subheading for the “Raw Frozen Parmesan Garlic Butter Shrimp” will be 1605.20.1030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for crustaceans, molluscs and other aquatic invertebrates, prepared or preserved: shrimps and prawns: other: frozen, imported in accordance with Statistical Note 1 to chapter16: other: other. 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/.

The merchandise in question may be subject to antidumping duties or countervailing duties. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection. You can contact them at http://www.trade.gov/ia/ (click on “Contact Us”). For your information, you can view a list of current AD/CVD cases at the United States International Trade Commission website at http://www.usitc.gov (click on “Antidumping and countervailing duty investigations”), and you can search AD/CVD deposit and liquidation messages using the AD/CVD Search tool at http://www.cbp.gov (click on “Import” and “AD/CVD”).

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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