The tariff classification of frozen shrimp burgers from China.

N041426 November 3, 2008 CLA-2-16:OT:RR:E:NC:2:231 CATEGORY: Classification TARIFF NO.: 1605.20.1030 Mr. Lawrence M. Reeder Howard S. Reeder Inc. 2200 S. Dixie Highway, Suite 504 Miami, FL 33133 RE: The tariff classification of frozen shrimp burgers from China. Dear Mr. Reeder: In your letter dated October 13, 2008, you requested a tariff classification ruling on behalf of Tampa Maid Foods Inc. Product information and a photograph of the referenced item accompanied your request. Ms. Madeline Rodriguez of your office provided additional information via telephone. The submitted photo shows a patty identified as a “shrimp burger.” The product is said to be composed of 33% diced shrimp, 33% whole shrimp, 24% shrimp paste (finely ground shrimp), 7.8% water chestnuts, 0.2% water, 1% salt and 1% chicken extract. The burgers, which will weigh approximately 62 grams each, will be individually quick frozen (“IQF”) and placed in non-airtight plastic bags, which in turn will be packed in large (10-lb.) master cartons. Each imported 10-lb. master carton will contain 73 IQF burgers. The burgers will be breaded in the United States following importation. The applicable subheading for the frozen shrimp burgers 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 this chapter: other: 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 merchandise in question may be subject to antidumping duties or countervailing duties. 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://www.cbp.gov (click on “Import” and “AD/CVD”). 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