The tariff classification of frozen shrimp skewers from Vietnam.

N169657 June 15, 2011 CLA-2-16: OT: RR: NC: 2:231 CATEGORY: Classification TARIFF NO.: 1605.20.1030 Mr. Vi Nguyen Trangs Group USA 10375 Fern Avenue (Suite d) Stanton, CA 90680 RE: The tariff classification of frozen shrimp skewers from Vietnam. Dear Mr. Nguyen: In your letter dated June 06, 2011, you requested a tariff classification ruling. The merchandise is described thus: “Lemongrass shrimp skewer” is comprised of peeled tail on and deveined “Black Tiger” shrimp (89%) with a dry lemongrass marinade (11%) that consists of lemongrass, garlic, herbs, spices, maltodextrin, sugar, salt, water and a wooden skewer. Each skewer consists of four seasoned prawns and has a net weight of 34 grams. “Garlic and Herb shrimp skewer” is comprised of peeled, tail off and deveined “Black Tiger” shrimp (84%) with a dry garlic and herb marinade (16%) that consists of garlic, herbs, spices, maltodextrin, butter, sugar, salt, and a wooden skewer. Each skewer consists of four seasoned shrimp and has a net weight of 45 grams. During the manufacturing process, the seasoned shrimp are assembled on skewers, quick frozen, packaged into non-airtight plastic bags and placed within retail cardboard boxes that average 12 per box. The applicable subheading for the Lemongrass shrimp and Garlic and Herb shrimp skewers, 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. The merchandise in question may be subject to antidumping duties or countervailing duties (AD/CVD). 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://addcvd.cbp.gov/ 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