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NY N024654




April 1, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 1604.20.0510

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

RE: The tariff classification of a frozen seafood preparation 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 Salmon & Shrimp Wellington.” The ingredients are as follows: wild-caught chum salmon (31.00%), farm-raised vannamei white shrimp (14.00%), unbleached wheat flour (11.00%), fresh whole milk (9.00%), butter fat (7.00%), potato (7%), water (5.75%), grated parmesan cheese (2.00%), shredded white cheddar cheese (1.50%), cream (1.50%), creamery butter (1.50%), olive oil (1.00%), cut mushrooms (1.00%), cut red bell peppers (1.00%), cut celery (1.00%), feta cheese (0.75%), bread crumbs (0.75%), cut white onions (0.50%), cut green onions (0.50%), chopped shallots (0.50%), minced garlic (0.50%), cut chives (0.50%), chopped parsley (0.25%), salt (0.25%), and white pepper (0.25%).

Based on a submitted photo and information you provided by telephone, it appears that the product is in the form of a pastry jacket filled with the seafood and other ingredients. A single, individually-quick-frozen (IQF) stuffed jacket, which is said to weigh 5 ounces, will be packed in an airtight, heat-sealed plastic bag placed in a paperboard carton, 16 pieces per case. The product is said to be intended for retail sale.

The applicable subheading for the “Raw Frozen Salmon & Shrimp Wellington” will be 1604.20.0510, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other prepared or preserved fish: products containing meat of crustaceans, molluscs or other aquatic invertebrates; prepared meals: prepared meals. The duty rate will be 10%.

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/.

Articles classifiable under subheading 1604.20.0510, HTSUS, which are products of Thailand may be entitled to duty-free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP".

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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