CLA-2-03:OT:RR:NC:N2:231

Ms. Leanne Liu
Team International Trading, Inc.
6618 Walker Road
Marlette, MI 48453

RE: The tariff classification of frozen fish (snapper and grouper) from the Bahamas and Mexico.

Dear Ms. Liu:

In your letter dated March 21, 2012, you requested a tariff classification ruling.

You describe the goods in question as whole frozen fish, either in “as is” or scaled and gutted condition, for human consumption. You identify the species as red snapper (Lutjanus campechanus), black grouper (Mycteroperca bonaci), red grouper (Epinephelus morio), and Nassau grouper (Epinephelus striatus).

The applicable subheading for the frozen red snapper will be 0303.89.0067, Harmonized Tariff Schedule of the United States (HTSUS), which provides for fish, frozen, excluding fish fillets and other fish meat of heading 0304: other fish, excluding livers and roes: other: snapper (Lutjanidae spp.). The rate of duty will be free.

The applicable subheading for the frozen black, red and Nassau grouper will be 0303.89.0070, HTSUS, which provides for fish, frozen, excluding fish fillets and other fish meat of heading 0304: other fish, excluding livers and roes: other: grouper. 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 marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

This merchandise may be subject to restrictions and/or requirements administered by the U.S. Fish and Wildlife Service, Office of Law Enforcement (Telephone: 703-358-1949, Fax: 703-358-2271, E-mail: [email protected]).  We strongly suggest that you contact that office before you attempt to import these goods.

This merchandise is also 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,

Thomas J. Russo
Director
National Commodity Specialist Division