The tariff classification of frozen cooked TUNA LOINS fromThailand.

NY 852577 June 4, 1990 CLA-2-16:S:N:N1:229 CATEGORY: Classification TARIFF NO.: 1604.14.4000 Mr. Irving A. Mandel Fritz Companies, Inc. 40 Exchange Place, 12th Floor New York, NY 10005 RE: The tariff classification of frozen cooked TUNA LOINS from Thailand. Dear Mr. Mandel: In your letter dated May 1, 1990, on behalf of Bumble Bee Seafood, you requested a tariff classification ruling. The product is described as frozen, cooked TUNA LOINS packed in five kilogram portions in cryovac bags, which are sealed with metal clips. Since a metal clip does not generally create an airtight seal, this product would not be considered to be packaged in airtight containers. Additionally, these bags are not labeled or marked in any manner, their function being to separate and protect the tuna fish during transit to the cannery for further processing. These loins will be imported on pallets, each holding approximately 14 layers of five kilogram loins, for a total of 196 loins per pallet. You state that cardboard may be used at the top and/or bottom to protect the cryovac bags from damage. Fiber dividers may also be inserted between each layer to facilitate handling at the cannery. Finally, a plastic stretch-wrapping of about 16 to 18 microns in thickness may be wrapped around the sides of the pallet, or anound the entire pallet, to facilitate handling. Several plastic straps may then be wrapped around the pallet to tightly secure the loins during transportation. A sample of the stretch-wrapping, said to be forwarded with your letter but apparently not included, would not seem to be relevant to the classification of this merchandise, based on the information you have provided. The applicable subheading for these frozen, cooked TUNA LOINS will be 1604.14.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for prepared or preserved fish,...whole or in pieces, but not minced:...tunas and skipjack:...not in airtight containers: in bulk or in immediate containers weighing with their contents over 6.8 kilograms each, not in oil. The rate of duty will be 1.1 cents per kilogram. This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177). A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction. Sincerely, Jean F. Maguire Area Director New York Seaport