CLA-2-35:OT:RR:NC:2:236
Mr. Chris Henderson
Phil Patterson, Inc.
1209 Harney Street, Suite 250
Omaha, NE 68102
RE: The tariff classification of herring caviar protein from Spain
Dear Mr. Henderson:
In your ruling request dated November 22, 2013, on behalf of your client, The Scoular Company, you requested a tariff classification ruling on herring caviar protein.
Your submission indicates that the product at issue is made from immature fish (herring) roe. The product is described as an off-white, free-flowing powder, containing a minimum of 75% protein. It appears that this product is intended to be used for nutritional applications.
The applicable subheading for herring caviar protein will be 3504.00.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Peptones and their derivatives; other protein substances and their derivatives, not elsewhere specified or included; hide powder, whether or not chromed: Other. The general rate of duty will be 4 percent ad valorem.
This merchandise may be subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is administered by the Food and Drug Administration (FDA). Information concerning FDA import requirements and regulations can be obtained by contacting the FDA at: Food and Drug Administration, Division of Import Operations and Policy, 5600 Fishers Lane, Rockville, Maryland 20857, Telephone: (888) 463-6332. 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.
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 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 Nuccio Fera at (646) 733-3034.
Sincerely,
Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division