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

N208634 March 19, 2012 CLA-2-03:OT:RR:NC:N2:231 CATEGORY: Classification TARIFF NO.: 0307.99.0100 Ms. Leanne Liu Team International Trading, Inc. 6618 Walker Road Marlette, MI 48453 RE: The tariff classification of conches 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 frozen or dried conches for human consumption. Conches are edible sea snails (marine gastropod molluscs). You identify the species as Strombus gigas, which, we find, is also known as Lobatus gigas, as well as by various common names including the “queen conch” and “caracol rosa.” For the purposes of this ruling, it is assumed that the conches will be imported in an uncooked condition. The applicable subheading for the above-described conches will be 0307.99.0100, Harmonized Tariff Schedule of the United States (HTSUS), which provides for molluscs, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine…: other, including flours, meals and pellets, fit for human consumption: 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/. 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