The tariff classification of dead/cooked insects and arachnids for human consumption, from various countries.

N126516 October 19, 2010 CLA-2-16:OT:RR:NC:2:231 CATEGORY: Classification TARIFF NO.: 1602.90.9060; 1602.90.9080 Ms. Colleen Brennan Colleen Brennan CHB 147-39 175th Street (Suite 188) Jamaica, NY 11434 RE: The tariff classification of dead/cooked insects and arachnids for human consumption, from various countries. Dear Ms. Brennan: In your letter dated October 6, 2010, you requested a tariff classification ruling on behalf of Think Geek Inc. (Fairfax, VA). Information sheets concerning three products were submitted for our review. All of the products are said to be intended for use as human food, and will be marketed as such. The supplier’s website states that all items “are grown specially for human consumption and meet all strict health and safety guidelines.” Giant toasted leafcutter ants, Atta laevigata (Hymenoptera: Formicidae), are known in South America as “hormigas culonas.” The toasted ants are described as a delicacy having a nutty, bacon-like taste. Oven-baked tarantula spiders (Haplopelma spp) are described as crisp, crunchy, ready-to-eat snacks. The applicable subheading for the toasted ants and for the baked spiders, if imported canned, will be 1602.90.9060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other prepared or preserved meat, meat offal or blood: other, including preparations of blood of any animal: other: canned. The rate of duty will be 6.4%. The applicable subheading for the toasted ants and for the baked spiders, if not canned, will be 1602.90.9080, HTSUS, which provides for other prepared or preserved meat, meat offal or blood: other, including preparations of blood of any animal: other: other. The rate of duty will be 6.4%. 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/. Your inquiry does not provide sufficient information for us to rule on the third product, described as “detoxified, uncooked, farm-raised scorpions (Buthus martensii).” If you wish to pursue a ruling on this item, please give a detailed, step-by-step description of all processing performed on the animals prior to shipment. If the processing includes a drying procedure, please be sure to explain that in full, and indicate whether it substantially reduces the natural moisture content of the scorpions, and the purpose of such reduction. Also indicate the method and form of packaging and preservation. The importation of the merchandise discussed in this ruling may be subject to restrictions or requirements administered by the following federal agencies, which should be contacted for further information: USDA APHIS, VS National Center for Import and Export 4700 River Road, Unit 40 Riverdale, MD 20737 Tel. (301) 734-3277 Website: www.aphis.usda.gov Food and Drug Administration (FDA) Division of Import Operations & Policy 5600 Fishers Lane Rockville, MD 20857 Tel. (301) 443-6553 Website: www.fda.gov 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, Robert B. Swierupski Director National Commodity Specialist Division