The tariff classification of prepared seaweed from Korea

N133163 November 30, 2010 CLA-2-20:OT:RR:NC:2:228 CATEGORY: Classification TARIFF NO.: 2008.99.9090 Mr. Andy Chung Comis International 690 Knox Street Torrance, CA 90502 RE: The tariff classification of prepared seaweed from Korea Dear Mr. Chung: In your letters dated October 19, 2010 and November 8, 2010, on behalf of JSM International, you requested a tariff classification ruling. Four samples, submitted with your October letter, were examined and disposed of. Additional information was provided with your second letter. “Frozen Salted Seaweed Stem” and “Salted Seaweed Stem” consist of shredded seaweed, with added salt, frozen, packed in sealed plastic pouches for retail sale, containing 400 grams, net weight and 300 grams, net weight, respectively. “Frozen Salted Kelp” and “Salted Kelp” consist of seaweed, cut to pieces in different sizes, with added salt, frozen, packed in sealed plastic pouches for retail sale, containing 400 grams, net weight and 300 grams, net weight, respectively. In your letter, you suggest a tariff classification of 1212.20.0000, Harmonized Tariff Schedule of the United States (HTSUS), the provision for seaweeds and other algae. Based on the ingredients and method of preparation, they will be classified elsewhere. The applicable subheading for all four products will be 2008.99.9090, HTSUS, which provides for other edible parts of plants, otherwise prepared or preserved, whether or not containing sugar or other sweetening matter or spirit…not elsewhere specified or included…other…other…other. The rate of duty will be 6 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 Stanley Hopard at (646) 733-3029. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division