The tariff classification of frozen scallops from Philippines.

N149737 March 7, 2011 CLA-2-03: OT: RR: NC: 2:231 CATEGORY: Classification TARIFF NO.: 0307.29.0000 Ms. Ruth Entwistle Heron Point Seafood 504 Kent Place Newmarket, NH 03857 RE: The tariff classification of frozen scallops from Philippines. Dear Ms. Entwistle: In your letter dated February 21, 2011, you requested a tariff classification ruling. The merchandise is comprised of scallops (Chlamys nobilis and Chlamys spondylus) that are neither steam cooked nor pasteurized. Processing consists of simply picking the raw scallop out of the shell. The product is then placed in five-pound plastic bags and frozen before being packed into a master case (six per case). The applicable subheading for the frozen scallops will be 0307.29.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Mollusks, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; aquatic invertebrates other than crustaceans and molluscs, live, fresh, chilled, frozen, dried, salted or in brine; flours, meals and pellets of aquatic invertebrates other than crustaceans, fit for human consumption: Scallops, including queen scallops, of the genera Pecten, Chlamys or Placopecten: 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 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