CLA-2-16:OT:RR:NC:2:231
Mr. John K. Barson
Comercializadora LGT of America, Inc.
501 Brickell Key Drive (Suite 504)
Miami, FL 33131
RE: The tariff classification of “tuna burgers” from Ecuador.
Dear Mr. Barson:
In your letters dated October 1 and 3, 2012, you requested a tariff classification ruling.
Samples and an ingredients breakdown pertaining to certain “tuna burgers” accompanied your request. The samples are frozen, hamburger-shaped patties (each approximately 4 ounces) said to be formed from a mixture of ground “frigate tuna” (Auxis thazard) (73%), soy sauce (5.3%), breadcrumbs (3.8%), celery (3.8%), onion powder (3.8%), soy oil (3.5%), mustard powder (2.8%), ground oats (1.9%) and lesser amounts of garlic powder, lemon juice, red pepper and ground cumin. The patties, which appear to have been pressed or molded to a uniform size/shape, are not coated with breadcrumbs or other materials on any of their exterior surfaces, and they are not packed in sauce or another medium.
These burgers will be imported and sold in pre-cooked, frozen condition. They will be packed in sealed, airtight, printed plastic bags, each containing twelve 4-oz burgers.
The applicable subheading for the above-described “tuna burgers” will be 1604.20.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for prepared or preserved fish…other prepared or preserved fish: other: balls, cakes and puddings: not in oil: in immediate containers weighing with their contents not over 6.8 kg each: in airtight containers. 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/.
In view of the fact that the applicable tariff provision carries an unconditionally free rate of duty and is not subject to quantitative restrictions, your question about the applicability of the Andean Trade Promotion and Drug Eradication Act (ATPDEA) appears to be moot.
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,
Thomas J. Russo
Director
National Commodity Specialist Division