The tariff classification of canned anchovies and squid from Peru.

N094355 March 15, 2010 CLA-2-16:OT:RR:NC:2:231 CATEGORY: Classification TARIFF NO.: 1604.16.2000; 1604.16.4000; 1605.90.6055 Mr. Antonio Garcia Malgor & Co., Inc. P.O. Box 366 Catano, PR 00963 RE: The tariff classification of canned anchovies and squid from Peru. Dear Mr. Garcia: In your letter dated February 12, 2010, you requested a tariff classification ruling. The first items are fish of the species Engraulis ringens, commonly known as Peruvian anchoveta or Peruvian anchovies. These fish will be imported, in oil or in various kinds of sauce, in small (e.g., 4.4 oz) metal cans. The applicable subheading for the canned Peruvian anchovies, in oil, or in sauce containing any oil, will be 1604.16.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for prepared or preserved fish…: fish, whole or in pieces but not minced: anchovies: in oil, in airtight containers. The rate of duty will be free. The applicable subheading for the canned Peruvian anchovies, in sauce not containing any oil, will be 1604.16.4000, HTSUS, which provides for prepared or preserved fish…: fish, whole or in pieces but not minced: anchovies: other: in immediate containers weighing with their contents 6.8 kg or less each. The general rate of duty will be 5% ad valorem. Articles classifiable under subheading 1604.16.4000, HTSUS, which are products of Peru may be entitled to duty-free treatment under the United States-Peru Trade Promotion Agreement Implementation Act, or under the Andean Trade Preference Act (ATPA), upon compliance with all applicable regulations. The remaining goods are said to be pieces or slices of mollusk of the species Dosidicus gigas (aka Ommastrephes gigas), commonly known as Jumbo Squid or Humboldt Squid. These items will be imported, in oil or in various kinds of sauce (e.g., tomato sauce, garlic sauce, etc.), in small (e.g., 4.4 oz) metal cans. The applicable subheading for the above-described canned squid, in oil or in sauce, will be 1605.90.6055, HTSUS, which provides for crustaceans, molluscs and other aquatic invertebrates, prepared or preserved: other: other: other: squid: 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/. 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