CLA-2-03:OT:RR:NC:N4:231
Mr. Juan Rodriguez
Rod International
11445 Paramount Blvd. Suite A
Downey, CA 90241
RE: The tariff classification, marking and country of origin of frozen farm raised shrimp from India.
Dear Mr. Rodriguez:
In your letter dated November 22, 2016 you requested a tariff classification, marking and country of origin ruling on behalf of Pescanova Inc (Coral Gables, FL).
The subject merchandise is frozen farm raised shrimp of the litopenaeus vannamei species. Per the description provided, the shrimp will be exported from India to Guatemala as frozen headless shell-on of various sizes for further processing. The product will be thawed, deveined and soaked in sodium tripolyphosphate and salt. The shrimp will be processed into three products: “Raw Peeled Shrimp” (Size 31/35), “Cooked Peeled Shrimp” (Size 31/35), and “Breaded Shrimp” (Size 25/30).
The “Raw Peeled Shrimp” and “Cooked Peeled Shrimp” will be individually quick frozen and packaged in a polyethylene bag which will have a total net weight of two pounds. Each master case for both items will contain five bags which in turn will have a total net weight of ten pounds. The product will be labeled “Frozen P&D Tail-Off Raw Shrimp IQF,” and “Frozen P&D Tail-Off Cooked Shrimp IQF,”respectively. The “Breaded Shrimp” will be lightly breaded, then individually quick frozen and packaged in a polyethylene bag which will have a total net weight of twenty pounds. Each master case will contain one bag with a total net weight of twenty pounds and will be labeled “Lightly Breaded Shrimp.” All products are intended for sale to wholesalers or markets.
The applicable subheading for the “Raw Peeled Shrimp” will be 0306.17.0040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Crustaceans, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine: Frozen: Other shrimps and prawns: Peeled, imported in accordance with Statistical Note 1 to this chapter. The rate of duty will be Free.
The applicable subheading for the “Breaded Shrimp” will be 1605.21.1020, 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 this chapter: Breaded. The rate of duty will be Free.
The applicable subheading for the “Cooked Peeled Shrimp” 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 this chapter: other. 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 https://hts.usitc.gov/current.
This merchandise may be subject to additional requirements administered by the following agencies, whose addresses are 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) 647-2335
U.S. Food and Drug Administration (FDA)
Division of Import Operations and Policy
12420 Parklawn Drive (Room 3109)
Rockville, MD 20857
Telephone: (301) 796-0356
Email address: [email protected]
The imported products 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.
With regard to country of origin, 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.
Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Pursuant to 19 CFR Section 134.1(b), the country of origin is the country of manufacture, production or growth of any article of foreign origin entering the U.S. Further work or material added to an article in another country must effect a substantial transformation in order to render such country the country of origin within the meaning of Part 134 of the regulations. A substantial transformation occurs when a new and different article of commerce emerges from a process with a new name, character or use different from that possessed by the article prior to processing. See United States v. Gibson-Thomsen Co., Inc., 27 C.C.P.A. 267 (C.A.D. 98) (1940). In the present case, we find that the processing of the “Raw Peeled Shrimp” in both the Indian and Guatemalan facilities by the means you outline does not effect a substantial transformation. Accordingly, we find that the “Raw Peeled Shrimp” retain their initial country of origin status for U.S. Customs and Border Protection marking purposes. However, we find that the processing of the “Cooked Peeled Shrimp” and “Breaded Shrimp” by the means you outline satisfy the requirements of a substantial transformation and are products of Guatemala for U.S. Customs and Border Protection marking purposes.
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