CLA-2-03:OT:RR:NC:N2:231
Mr. Rod Flegenheimer
Flegenheimer International Inc.
227 W. Grand Avenue
El Segundo, CA 90245
RE: The Tariff Classification of Frozen Ground Tuna from Indonesia
Dear Mr. Flegenheimer:
In your letter dated June 28, 2022, you requested a country of origin determination on behalf of your client, Ocean Krisp, LLC (Scottsdale, AZ).
The subject merchandise is Frozen Ground Tuna. You state that the tuna will be produced from remnants of trim meat, specifically tail meat, belly trim meat, neck meat, frame meat, and smaller parts of the loin meat, all from yellowfin tuna (Thunnus albacares) after the four loins parallel to the backbone have been removed. Processing will consist of placing the trim meat in a commercial grinder to be ground, with the resulting product placed on a sheet tray for sinew or impurities to be sorted out. Once the ground tuna meat has been picked through, it will be vacuum packed and frozen. As per the information submitted in the ruling letter, four different bulk packaging scenarios will occur, as follows:
Scenario 1 – The ground tuna meat will be bulked packed in a 15 pound (6.8 kg.) outer box consisting of 15 individual 1 pound vacuum packed packages with nutritional labels
Scenario 2 – The ground tuna meat will be bulked packed in a 15 pound (6.8 kg.) outer box consisting of 15 individual 1 pound vacuum packed packages with no nutritional labels
Scenario 3 – The ground tuna meat will be bulked packed in a 20 pound (9 kg.) outer box consisting of 20 individual 1 pound vacuum packed packages with nutritional labels
Scenario 4 – The ground tuna meat will be bulked packed in a 20 pound (9 kg.) outer box consisting of 20 individual 1 pound vacuum packed packages with no nutritional labels
You state that upon importation to the United States, the product in scenarios 1 and 3 may be sold as either the whole case or in individual 1 pound packages to restaurants, wholesalers, and end consumers, whereas the product in scenarios 2 and 4 may be sold to restaurants and wholesalers in the whole case or as 1 pound packages.
The applicable subheading for the Frozen Ground Tuna in scenarios 3 and 4 will be 0304.99.1190, 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: Tuna [of genus Thunnus and of fish of the genus Euthynnus (Katsuwonus) pelamis].” The rate of duty will be Free.
The applicable subheading for the Frozen Ground Tuna in scenarios 1 and 2 will be 0304.99.9190, 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 percent ad valorem.
Please note that seafood is subject to the Mandatory Country of Origin Labeling (COOL) requirements administered by the USDA’s Agricultural Marketing Service (AMS). We advise you to check with that agency for their further guidance on your scenario. Contact information for AMS is as follows:
USDA-AMS-LS-SAT
Room 2607-S, Stop 0254
1400 Independence Avenue, SW
Washington, DC 20250-0254
Tel. 202.720.4486
Website: www.ams.usda.gov/COOL
Email address for inquiries: [email protected]
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 the 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