CLA-2-16:OT:RR:NC:2:231
Mr. Vi Nguyen
Trangs Group USA Inc.
10375 Fern Avenue, Suite D
Stanton, California 90680
RE: The tariff classification of frozen seafood products from Vietnam.
Dear Mr. Nguyen:
In your undated letter received here on April 6, 2010, you requested a tariff classification ruling.
Descriptions and photos of three different frozen seafood products were submitted for our review. You also provided additional information by telephone. All of the products will be imported packed in non-airtight plastic bags placed within printed cardboard retail boxes. After importation, all of the products will be sold in supermarkets to be taken home and either cooked in the oven or deep-fried.
The first item, identified as “Honey Shrimp,” is a frozen prepared shrimp product (Panaeus vannemei) comprised of the following ingredients: peeled/tailless/headless shrimp (60%), wheat flour, tapioca starch, rice flour, corn flour, water, baking powder, honey, sugar, salt and vegetable oil. Based on a submitted photo, the goods have the typical appearance of whole, individual breaded shrimp. Sachets of honey sauce (containing wheat flour, honey, sugar and water) will also be included in the retail box.
The applicable subheading for the “Honey Shrimp” will be 1605.20.1020, 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 chapter 16: other: breaded. The rate of duty will be free.
The second item, identified as “Potato Shrimp,” is said to consist mainly of tail-on shrimp (Panaeus vannemei) wrapped in potato strands. The ingredients are shrimp (35.2%), potato (44%), whitefish paste (Pangasius hypophthalmus), seasoned sweet chili, salt, modified starch, onion oyster sauce, sugar, pepper, salt and garlic. In a submitted photo, the item has the appearance of a roll of wound potato strips, with the bare tail of a shrimp extending from the center of one end of the roll. The other ingredients are said to be sandwiched between the potato strips and the shrimp. Sachets of sweet chili sauce (water, wheat flour, chili, garlic, sugar, salt) will also be included in the retail box.
The applicable subheading for the “Potato Shrimp” will be 1605.20.0590, HTSUS, which provides for crustaceans, molluscs and other aquatic invertebrates, prepared or preserved: shrimps and prawns: products containing fish meat; prepared meals: other, imported in accordance with Statistical Note 1 to chapter 16. The rate of duty will be 5% ad valorem.
The third item, identified as a “Party Pack,” is made up principally of Asian-style dumplings of three different kinds, packed (mixed) together in one common bag. The three kinds are as follows:
“Money Purses (Bags),” each of which consists of a dough jacket, shaped like a drawstring-type cloth coin bag, filled with fish, shrimp and other foodstuffs. The ingredients are filo pastry [wheat flour, water, salt, vegetable oil] (35%), whitefish [Pangasius hypophthalmus] (27.1%), chopped shrimp (15.52%), onion, modified starch, spring onion, peas, bean, cabbage, sweet corn, yam bean, carrot, salt, pepper, oyster sauce, sesame oil, garlic.
“Shrimp Triangles,” each of which consists of a triangular-shaped dough jacket filled with shrimp, vegetables and other foodstuffs. The ingredients are vannemei shrimp (48%), filo pastry [water, wheat flour, vegetable oil, salt], cabbage, “vice vermicelli” (rice noodles), bean sprouts, carrot, vegetable oil, spring onion, corn starch, soy sauce, onion, garlic, sesame oil, red Thai curry seasoning, salt, sugar, pepper.
“Filo Shrimp,” each of which consists of a cylinder-like dough jacket filled with shrimp and other foodstuffs. The ingredients are vannemei shrimp (50%), filo pastry [wheat flour, water, salt, vegetable oil], garlic powder, pepper.
In addition to the above-described dumplings, the “Party Pack” box will also contain sachets of teriyaki sauce (water, soybean sauce, sesame oil, sugar, salt) and sweet chili sauce (water, wheat flour, chili, garlic, sugar, salt).
The applicable subheading for the complete “Party Pack” will be 1605.20.0590, HTSUS, which provides for crustaceans, molluscs and other aquatic invertebrates, prepared or preserved: shrimps and prawns: products containing fish meat; prepared meals: other, imported in accordance with Statistical Note 1 to chapter 16. The rate of duty will be 5% 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 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
National Commodity Specialist Division