CLA-2-16:OT:RR:NC:2:231
Mr. Ralph Natale
American Shipping Co. Inc.
250 Moonachie Road
Moonachie, NJ 07074
RE: The tariff classification of prepared tuna meals from Thailand.
Dear Mr. Natale:
In your letter dated July 18, 2011, you requested a tariff classification ruling on behalf of Tri-Union Seafoods Inc. d/b/a Chicken of the Sea Int’l. (San Diego, CA). In an email message dated August 3, 2011, you provided additional information.
The items in question are described as “ready-made, heat-and-serve type meals” in four varieties, each having a total net weight of 10 ounces. Prototype samples representing all varieties were submitted for our examination. Each sample consists of a small paperboard retail box that holds one sealed plastic pouch containing 2.3 ounces of skipjack tuna pieces mixed with 3.7 ounces of vegetables in sauce, plus a second pouch containing 4 ounces of rice that appears to be pre-cooked. The meals will be imported and sold at ambient temperatures; the pouches are intended to be heated in a microwave by the consumer. The names of the four varieties and their ingredients are stated to be as follows:
“Tuna with Ginger Broth” meal: skipjack tuna, carrots, red bell pepper, water chestnuts, garlic, ginger, ginger broth, mixed rice (red, white), lemon juice, sugar, soy sauce, ginger juice, sesame oil, corn starch and salt.
“Mediterranean” meal: skipjack tuna, chickpeas, tomato, onion, carrot, celery, green olives, garlic, sweet red pepper flakes, water, lemon juice, tomato paste, modified corn starch, salt, black pepper, oregano, basil and brown rice.
“Japanese” meal: skipjack tuna, carrot, water chestnuts, bamboo shoots, onion, ginger, sesame oil, Japonica rice, water, sugar, soy sauce, mirin, rice vinegar, modified corn starch and black pepper.
“Sweet & Sour” meal: skipjack tuna, green bell pepper, baby corn, water chestnuts, garlic, fried rice, water, pineapple juice, sugar, soy sauce, rice wine vinegar, modified corn starch, tomato paste, salt and black pepper.
The applicable subheading for all of the above-described tuna meals will be 1604.20.0510, Harmonized Tariff Schedule of the United States (HTSUS), which provides for prepared or preserved fish…: other prepared or preserved fish: …prepared meals: prepared meals. The rate of duty will be 10 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 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