The tariff classification of frozen boneless tuna steaks from Vietnam.

N146895 February 17, 2011 CLA-2-03:OT:RR:NC:2:231 CATEGORY: Classification TARIFF NO.: 0304.99.9091 Ms. Margaret M. Roeder Sachem Foods 1033 South Blvd., Suite 243 Oak Park, IL 60302 RE: The tariff classification of frozen boneless tuna steaks from Vietnam. Dear Ms. Roeder: In your letter dated February 7, 2011, you requested a tariff classification ruling. The goods in question are described as frozen, individually wrapped 6-ounce tuna steaks to be imported for resale to retail grocery stores. A photo accompanying your inquiry shows a tuna steak (Thunnus albacares) packed in a sealed, clear plastic bag labeled for retail sale. The bag is said to be vacuum packed. The product is stated to be an uncooked, skinless, boneless, bloodline-removed steak with no other ingredients. You have advised that the steak is cut perpendicular to the backbone of the fish. The applicable subheading for the above-described frozen tuna steaks will be 0304.99.9091, 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: other: other: ocean. The rate of duty will be 6 percent ad valorem. 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 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html. This merchandise may also be subject to requirements administered by the National Marine Fisheries Service (NMFS) of NOAA, which may be contacted at 501 West Ocean Boulevard, Long Beach, CA 90802, telephone 562-980-4000. The Web site address is www.nmfs.noaa.gov/. 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