CLA-2-03:OT:RR:NC:N4:231

Ms. Ashley Hong
Nissin International Transport USA Inc.
1540 West 190th Street
Torrance, CA 90501

RE: The tariff classification of Frozen Tuna Cubes from China and Thailand

Dear Ms. Hong:

In your letter dated September 14, 2016, you requested a tariff classification ruling on behalf of your client, Wismettac Asian Foods (Santa Fe Springs, CA).

The product under review is 100 percent Frozen Tuna Cubes (Saku/Yellow Fin Tuna) packed in 5-kg sealed plastic bags. The product has been treated with carbon monoxide (“CO”) to promote color retention.

The applicable subheading for the Frozen Tuna Cubes will be 0304.99.9191, Harmonized Tariff Schedule of the United States (HTSUS), which provides for fish fillets and other fish meat (whether or not minced), fresh, chilled or frozen: Other: frozen: Other: Other: Ocean. The rate of duty will be 6% ad valorem.

Articles classifiable under subheading 0304.99.9191, HTSUS, which are products of Thailand may be entitled to duty-free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term “GSP”.

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 https://hts.usitc.gov/current.

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 Ekeng Manczuk at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division