The tariff classification of frozen fish (tilapia whole and fillet) from China

N261257 February 27, 2015 CLA-2-03:OT:RR:E:NC:N2:231 CATEGORY: Classification TARIFF NO.: 0303.23.0000; 0304.61.0000 Mr. Jose Perales Norsan Meats LLC 2150 Boggs Road Suite 500 Duluth, GA 30096 RE: The tariff classification of frozen fish (tilapia whole and fillet) from China Dear Mr. Perales: In your letter dated January 28, 2015, you requested a tariff classification ruling. You included a product description and photos in your correspondence. The first product is individually wrapped vacuumed sealed fish fillet (tilapia) in the following range of sizes 3-5oz, 5-7oz, and 7-9oz. The product which will be sold in 10-lb master cases. The second product is individually wrapped whole fish (tilapia) in the following range of sizes 350-500gr, 500-750gr, and 750-900gr. The product will be sold in 40-lb master cases. You have stated that the scientific name of the intended import (whole and fillet of tilapia) is Oreochromis Niloticus commonly known as Nile Tilapia. None of the products have been chemically treated. The applicable subheading for the frozen whole tilapia will be 0303.23.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Fish, frozen, excluding fish fillets and other fish meat of heading 0304 (con.): Tilapias (Oreochromis spp). The rate of duty will be Free. The applicable subheading for the frozen tilapia fillet will be 0304.61.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Fish fillets and other fish meat (whether or not minced), fresh, chilled or frozen: (con.): frozen fillet: Tilapias (Oreochromis spp). 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 [email protected]. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division