The tariff classification of skewered shrimp and pepper slices from Colombia.

N043548 November 18, 2008 CLA-2-16: OT: RR: NC: SP: 231 CATEGORY: Classification TARIFF NO.: 1605.20.1030 Mr. Lawrence M. Reeder Howard S. Reeder Inc. 2200 S. Dixie Hwy. (Suite 504) Miami, FL. 33133 RE: The tariff classification of skewered shrimp and pepper slices from Colombia. Dear Mr. Reeder: In your letter dated November 04, 2008, on behalf of your client Caribco Shrimp Corporation, you requested a tariff classification ruling. The merchandise is comprised of frozen, peeled and devained shrimp (74.24%), red pepper slices (12.88%), green pepper slices (12.88%) and a typical wooden skewer. During the manufacturing process, the shrimp is hydrated in a solution of water with tripolifosfate (3%) and salt (3%) for 90 minutes at a temperature of minus 5 degrees centigrade. This process is utilized to develop consistent shrimp size. The shrimp are then assembled onto the skewer by skewering one shrimp, one red pepper slice, one shrimp, one green pepper slice and finally one shrimp. The assembled shrimp skewers are then frozen, packaged into plastic bags and layer packed into non-air tight pleated polyboard boxes. The total count for each box of merchandise will be 102 skewers with a total net weight of 5.61 kilograms. The applicable subheading for the skewered shrimp and pepper slices, not in airtight containers, will be 1605.20.1030, Harmonized Tariff Schedule of the United States (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, other, other. 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/. 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 telephone number (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