CLA-2-03:OT:RR:NC:N4:231
Mr. Juan Rodriguez
Rod International
11445 Paramount Boulevard
Suite A
Downey, CA 90241
RE: The tariff classification, marking and country of origin of Frozen Wild Caught Shrimp from Argentina
Dear Mr. Rodriguez:
In your letter dated December 14, 2016 you requested a tariff classification, marking and country of origin ruling on behalf of Rod International (West Westport, CT).
The subject merchandise is frozen wild caught shrimp of the pleoticus muelleri species. Per the description provided, the shrimp will be purchased from suppliers in Argentina and transported to China for further processing. The processing will consist of defrosting, sorting, removal of the head, deveining and a knife cut along the back side of the shrimp. Upon completion, the shrimp will be individually quick frozen and packaged in a polyethylene bag which will have a total net weight of 2 pounds. Each master case will contain 10 bags which in turn will have a total net weight of 20 pounds per master case. The product will be labeled “Wild Caught Frozen Shrimp IQF Headless Tail on, Shell on” (Size 21/25). The product will be sold to wholesalers and retailers.
The applicable subheading for the Frozen Wild Caught Shrimp will be 0306.17.0009, 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: Shell-on, imported in accordance with statistical note 1 to this chapter: Count size (headless weight) 46-55 per kg (21-25s). 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 undertaken by the means you outline at the facility in China does not effect a substantial transformation. Accordingly, we find that the frozen wild caught shrimp retain their initial country of origin status and is a product of Argentina 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