The tariff classification of frozen shrimp from various countries.

N027044 May 19, 2008 CLA-2-03:OT:RR:E:NC:SP:231 CATEGORY: Classification TARIFF NO.: 0306.13.00; 0306.13.0040; 1605.20.1010 Mr. William N. Myhre Mr. J. Timothy Hobbs K&L Gates 1601 K Street, NW Washington, DC 20006 RE: The tariff classification of frozen shrimp from various countries. Dear Messrs. Myhre and Hobbs: In your letter dated April 28, 2008, you requested a tariff classification ruling on behalf of Orion Seafood International, Inc. (Portsmouth, NH). The ruling was requested on several forms of frozen shrimp of various species, including Black Tiger (penaeus monodon), White (penaeus vannamei) and Freshwater (macrobrachium rosenbergii). The products of group “a” are described as raw, headless, shell-on (“HLSO”) shrimp. (In some cases, these will be of the “EZ Peel” type, meaning that the shell remains on the shrimp but is sliced down the back to facilitate peeling by the consumer.) In many instances, these shrimp will be frozen in four-pound blocks, six of which will be placed in a corrugated carton for shipment to the U.S. In other instances, these shrimp will be individually quick frozen (“IQF”) and packed in plastic bags instead of frozen in blocks. The applicable subheading for all of the above-described group “a” shrimp will be 0306.13.00, 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: shrimps and prawns: shell-on, imported in accordance with Statistical Note 1 to chapter 3. (The applicable statistical suffix will depend on the count size (headless weight), as specified in the HTSUS.) The rate of duty will be Free. The products of group “b” are described as frozen, raw, peeled shrimp, sometimes deveined, with tails on or tails off. Some of these may also be “butterfly cut” (where a portion is cut in half) or “western cut” (where a deep cut is made down the back for deveining). There is also the possibility that some of these peeled shrimp will be placed on skewers prior to shipment to the U.S. The applicable subheading for all of the above-described group “b” shrimp will be 0306.13.0040, HTSUS, which provides for crustaceans, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine … : frozen: shrimps and prawns: peeled, imported in accordance with Statistical Note 1 to chapter 3. The rate of duty will be Free. The products of group “c” are described as cooked or otherwise prepared shrimp of the following four kinds: cooked, peeled, frozen shrimp in heat-sealed, one- or two-pound laminated plastic bags; cooked, peeled, frozen shrimp in heat-sealed, circular plastic trays of either 10 ounces or 40 ounces; raw, peeled, deveined shrimp on skewers in marinade, frozen, in heat-sealed, two-pound laminated plastic bags; raw, peeled, deveined and breaded shrimp, frozen, in heat-sealed, two-pound laminated plastic bags. Your presentation indicates that all of the group “c” heat-sealed containers referenced above are airtight. The applicable subheading for all of the above-described group “c” shrimp (kinds 1 through 4) will be 1605.20.1010, HTSUS, which provides for crustaceans, molluscs and other aquatic invertebrates, prepared or preserved: shrimps and prawns: other: frozen, imported in accordance with Statistical Note 1 to chapter 16: in airtight containers. 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 http://www.usitc.gov/tata/hts/. Some of the merchandise discussed in this ruling, if originating in certain countries, 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://www.cbp.gov (click on “Import” and “AD/CVD”). This merchandise may also 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) 5600 Fishers Lane Rockville, MD 20857 Telephone: (301) 443-6553 U.S. Department of Agriculture (USDA) APHIS, VS, NCIE Products Program 4700 River Road, Unit 40 Riverdale, MD 20737-1231 Telephone: (301) 734-3277 U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) 1400 Independence Avenue, SW Washington, D.C. 20250 Telephone: (202) 720-8998 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. 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 Nathan Rosenstein at 646-733-3030. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division