The tariff classification of canned, prepared tuna from Thailand.

N102595 May 12, 2010 CLA-2-16:OT:RR:NC:2:231 CATEGORY: Classification TARIFF NO.: 1604.20.6090 Ms. Patti Henslee Rogers & Brown Custom Brokers, Inc. P.O. Box 20160 Charleston, SC 29413-0160 RE: The tariff classification of canned, prepared tuna from Thailand. Dear Ms. Henslee: In your letters dated March 10 and April 14, 2010, you requested a tariff classification ruling on behalf of Davies Foods (Auckland, New Zealand). The ruling was requested on a line of canned, ready-to-eat tuna products known as “Chop Chop! Tuna with Lite Mayo.” The line encompasses six varieties, the first of which consists of 65% skipjack tuna (Katsuwonus pelamis) mixed with 35% mayonnaise (soya oil, sugar, salt, egg yolk powder, vinegar, skimmed milk, modified starch, xanthan gum). The remaining five varieties are largely the same as the first, each containing 65% skipjack tuna and 25-34% mayonnaise, but also incorporating 1-10% of an additional flavoring ingredient (chili, wholegrain mustard, sun-dried tomato, smoke flavoring, or cracked pepper, respectively). All versions will be supplied in both 85- and 160-g (net) retail-labeled metal cans with pull-ring lids. Samples of all varieties were submitted for our examination. All appeared to be rather pulpy, amorphous masses consisting of very small bits of tuna mixed with a dressing. The applicable subheading for the “Chop Chop! Tuna with Lite Mayo” and for the “Chop Chop! Tuna with Lite Mayo” with added chili, mustard, dried tomato, smoke flavor or cracked pepper, will be 1604.20.6090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for prepared or preserved fish…: other prepared or preserved fish: other: 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/. 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