CLA-2-16:RR:NC:2:231 D85086
Mr. Werner Kuhn
Storm King Sales Company
Division of Storm King Corporation
P.O. Box 302
Roscoe Road
Elizabethtown, NY 12932
RE: The tariff classification of sardines from Spain.
Dear Mr. Kuhn:
In your letter, dated December 9, 1998, you have requested a
tariff classification ruling.
The product is comprised of "Russe" brand flat fillets of
Spanish "anchovied" sardines. The sardines are packed in soy oil
in 369 gram tins.
"Anchovied" sardines are sardines that have been processed
and are used as anchovies; they have the taste and appearance of
anchovies.
An examination of the submitted sample indicates that the
marking as to the product's identity is unclear. We advise that
you submit a sample to the Food and Drug Administration for label
approval. You may contact the FDA at:
Food and Drug Administration
Division of Regulatory Guidance
200 C Street, S.W.
Washington, DC 20204
The applicable subheading for the flat fillets of sardines
will be 1604.13.3000, Harmonized Tariff Schedule of the United
States (HTS), which provides for prepared or preserved fish;
caviar and caviar substitutes prepared from fish eggs, fish,
whole or in pieces, but not minced, sardines, sardinella and
brisling or sprats, in oil, in airtight containers, other,
skinned or boned. The rate of duty will be 20 percent ad
valorem.
This ruling is being issued under the provisions of Part 177
of the Customs Regulations (19 CFR 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 Ralph
Conte at (212) 466-5759.
Sincerely,
Robert B. Swierupski
Director
National Commodity
Specialist Division