CLA-2-03:OT:RR:NC:N2:231
Ms. Ashley Hong
Nissin International Transport USA, Inc.
1540 W. 190th Street
Torrance, CA 90501
RE: The tariff classification of Frozen Fish Collar from Japan
Dear Ms. Hong:
This is a response to your letter dated October 8, 2019, requesting a tariff classification ruling on behalf of your client, Wismettac Asian Foods, Inc. (Santa Fe Springs, CA). You provided pictorial representation of the product at issue.
The subject merchandise is the frozen collar of the fish Buri, also known as, Japanese Amberjack or Yellowtail (Seriola quinqueradiata). According to the manufacturing process, the fish will be beheaded, eviscerated, the collar retrieved, rinsed, cooled, wiped dry, packaged, vacuum sealed, labeled, measured and frozen. The finished product, “Frozen Buri Collar” will be imported in bulk quantities of 12 pieces per each airtight bag and sold to the food service industry.
The applicable subheading for the Frozen Buri Collar will be 0304.99.9190, 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: Other, frozen: Other: Other: Ocean.” The rate of duty will 6 percent ad valorem.
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 the World Wide Web at https://hts.usitc.gov/current.
Please note that seafood is subject to the Mandatory Country of Origin Labeling (“COOL”) requirements administered by the USDA’s Agricultural Marketing Service (AMS), we advise you to check with that agency for their further guidance on your scenario. Contact information for AMS is as follows:
USDA-AMS-LS-SA
Room 2607-S, Stop 0254
1400 Independence Avenue, SW
Washington, DC 20250-0254
Tel. (202) 720-4486
Website: www.ams.usda.gov/COOL
Email address for inquiries: [email protected]
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 the 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 Ekeng Manczuk at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division