The tariff classification of smoked herring fillets in oil, from Germany.

N223435 July 18, 2012 CLA-2-16:OT:RR:NC:N2:231 CATEGORY: Classification TARIFF NO.: 1604.12.2000 Ms. Luann Servidio ConSup North America 170 Beaver Brook Road Lincoln Park, NJ 07035 RE: The tariff classification of smoked herring fillets in oil, from Germany. Dear Ms. Servidio: In your letter dated June 26, 2012, you requested a tariff classification ruling. You describe the goods in question as “ready-to-eat, smoked herring fillets (kipper fillets) in oil and own juice, packed in airtight container weighing 190 g, net.” The ingredients are stated to be herring fillets, canola oil, salt and smoke. For the purposes of this ruling it is assumed that the herring will be of the species Clupea harengus or Clupea pallasii. The applicable subheading for the above-described product will be 1604.12.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for prepared or preserved fish…: fish, whole or in pieces, but not minced: herrings: in oil, in airtight containers. The rate of duty will be 4 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 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