CLA-2-16:OT:RR:NC:N2:231

Mr. Sidney K. Azambuja
King & Prince Seafood Corporation
1 King & Prince Blvd.
Brunswick, GA 31522

RE: The tariff classification of frozen shrimp from Thailand.

Dear Mr. Azambuja:

In your letter dated February 22, 2012, you requested a tariff classification ruling.

The goods in question are frozen, peeled, cooked, farm-raised shrimp. The production process is described as follows:

Fresh shrimp are peeled. Shrimp are deveined (a small cut on the back of each shrimp is done so that the small vein can be removed). No flesh is lost in this process. Shrimp are fully cooked in a steam cooker. Shrimp are cooled down in a cooling unit. Shrimp are individually quick frozen (IQF) in an IQF tunnel. Shrimp are weighed and packed in sealed plastic bags (either 5-pound or 2-pound bags). Shrimp are stored in the freezer until ready for shipment.

The applicable subheading for the above-described frozen shrimp, if not in airtight containers, will be 1605.21.1030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for crustaceans, molluscs and other aquatic invertebrates, prepared or preserved: shrimps and prawns: not in airtight containers: other: frozen, imported in accordance with statistical note 1 to chapter 16: other. The rate of duty will be free.

The applicable subheading for the above-described frozen shrimp, if in airtight containers, will be 1605.29.1010, HTSUS, which provides for crustaceans, molluscs and other aquatic invertebrates, prepared or preserved: shrimps and prawns: other: other: frozen, imported in accordance with statistical note 1 to chapter 16. The rate of duty will be free.

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/.

The merchandise in question may be subject to antidumping duties or countervailing duties. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection. You can contact them at http://www.trade.gov/ia/ (click on “Contact Us”). For your information, you can view a list of current AD/CVD cases at the United States International Trade Commission website at http://www.usitc.gov (click on “Antidumping and countervailing duty investigations”), and you can search AD/CVD deposit and liquidation messages using the AD/CVD Search tool at http://addcvd.cbp.gov/

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 merchandise may also be subject to additional requirements administered by the following agency, whose address is provided for your reference:

U.S. Department of State Bureau of Oceans & Int’l. Environmental & Scientific Affairs Office of Marine Conservation 2201 C Street, NW Washington, DC 20520 Telephone: (202) 647-2252

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,

Thomas J. Russo
Director
National Commodity Specialist Division