CLA-2-16: RR: NC: SP: 231 M82982
Ms. Linda Smith
John S. Connor, Inc.
779 Cromwell Park Drive, Suite A - H
Glen Burnie, MD 21061
RE: The tariff classification of crabmeat from Mexico.
Dear Ms. Smith:
In your letter dated April 20, 2006, on behalf of your client Phillips Foods Incorporated, you requested a tariff classification ruling.
The merchandise is described as 100 percent Blue Crab crabmeat (Callinectes sapidus) and (Callinectes bellicosus) that will be picked, cooked and treated with high hydrostatic pressure (80,000 lbs / square inch) to eliminate pathogens and extend shelf life for up to 19 days. You indicate that the product will be packed in “oxygen permeable” film packaging (4.5” x 5” x 1.75”) and will be shipped under refrigeration at a degree range of 30° to 38° F.
The applicable subheading for the crabmeat will be 1605.10.4040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved, other, crabmeat, other, other. The rate of duty will be 5 percent ad valorem.
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 telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.
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 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 Thomas Brady at 646-733-3030.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division