The tariff classification of frozen crawfish from the Bahamas, Haiti and Mexico.

N208633 March 21, 2012 CLA-2-03:OT:RR:NC:N2:231 CATEGORY: Classification TARIFF NO.: 0306.19.0010 Ms. Leanne Liu Team International Trading, Inc. 6618 Walker Road Marlette, MI 48453 RE: The tariff classification of frozen crawfish from the Bahamas, Haiti and Mexico. Dear Ms. Liu: In your letter dated March 9, 2012, you requested a tariff classification ruling. You describe the goods in question as crawfish (Procambarus clarkii or Procambarus acutus) for human consumption. The product will be imported in the form of crawfish tails (frozen) and whole crawfish (pre-cooked, then frozen). For the purposes of this ruling, it is assumed that any cooked versions will be in-shell, cooked by steaming or by boiling in water. The applicable subheading for the above-described crawfish tails and whole crawfish will be 0306.19.0010, 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;… crustaceans, in shell, cooked by steaming or by boiling in water, whether or not chilled, frozen, dried, salted or in brine…: frozen: other, including flours, meals and pellets of crustaceans, fit for human consumption: freshwater crawfish. 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/. The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. This merchandise may be subject to restrictions and/or requirements administered by the U.S. Fish and Wildlife Service, Office of Law Enforcement (Telephone: 703-358-1949, Fax: 703-358-2271, E-mail: lawenforcement@fws.gov).  We strongly suggest that you contact that office before you attempt to import these goods. This merchandise is also 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, Thomas J. Russo Director National Commodity Specialist Division