The tariff classification of a hot sauce, and canned tuna from Tunisia

N263488 April 15, 2015 CLA-2-16:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 1604.14.1091; 1604.14.1099; 2103.90.9091 Mr. Aymen Ben Salah 909 S Allen Street State College, PA 16801 RE: The tariff classification of a hot sauce, and canned tuna from Tunisia Dear Mr. Ben Salah: In your letter dated April 5, 2015, you requested a tariff classification. Ingredients lists for two items accompanied your inquiry. Additional information was provided with your email dated April 7, 2015. Harissa Du Cap Bon is said to be a hot sauce in paste form, composed of mainly red hot peppers with the balance of garlic, coriander, carvi (caraway), and salt, packed in cans in various weights, such as 5 oz., and 14 oz. The second item is identified as solid tuna fish in cans with different weights containing mostly tuna fish with the remainder of salt and olive oil. The applicable subheading for the canned tuna, if of albacore tuna fish, will be 1604.14.1091, Harmonized Tariff Schedule of the United States (HTSUS), which provides for prepared or preserved fish … fish, whole or in pieces, but not minced ... tunas, skipjack and bonito (Sarda spp.) ... tunas and skipjack ... in airtight containers ... in oil ... other ... albacore. If other than albacore tuna fish, the applicable subheading will be 1604.14.1099, HTSUS, which provides for prepared or preserved fish … fish, whole or in pieces, but not minced ... tunas, skipjack and bonito (Sarda spp.) ... tunas and skipjack ... in airtight containers ... in oil ... other ... other. In both cases, the general rate of duty will be 35 percent ad valorem. The applicable subheading for the Harissa Du Cap Bon will be 2103.90.9091, HTSUS, which provides for sauces and preparations therefor ... other ... other ... other. The general rate of duty will be 6.4 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 the World Wide Web at http://www.usitc.gov/tata/hts/. Articles classifiable under subheading 2103.90.9091, HTSUS, which are products of Tunisia, may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term “GSP”. 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 ww.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 Bruce N. Hadley, Jr. at [email protected]. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division