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NY 853747

July 09, 1990



TARIFF NO.: 1604.20.1000

Mr. Victor M. Morales, Vice President
Fermin R. Morales Inc.
P.O. Box 2050, Old San Juan Sta.
San Juan, P.R. 00903-2050

RE: The tariff classification of four FISH PATES from Spain.

Dear Mr. Morales:

In your letter dated June 18, 1990, you requested a tariff classification ruling on behalf of your client, Nutrexpa, Inc. of Santurce, Puerto Rico.

The products in question, designated as TUNA PATE IN OIL, PICKLED TUNA PATE, ANCHOVY PATE, and SALMON PATE, are described as finished food preparations in paste form intended to be consumed as spreads on crackers, etc., in the preparation of hors d'oeuvres and similar products. TUNA PATE IN OIL and PICKLED TUNA PATE each contain, by weight, about 34 percent of cooked tuna in oil. ANCHOVY PATE contains about 25 percent by weight of seasoned anchovy paste, while SALMON PATE contains 33.3 percent by weight of smoked salmon. Each of these products contains additional ingredients, such as, milk, hydrated potato flakes, water, vegetable oil, potato starch, salt, casein, and natural fragrances. The TUNA PATES both contain some vinegar and the SALMON PATE contains a small quantity of paprika resin oil. Samples of these products, furnished with your inquiry, consist of fish pastes packed in small metal tins with pull-top lids. Additionally, each can is topped with a brown plastic snap-off lid, which can be used to reseal the tin after the product has been opened. The TUNA PATES are packed in tins of 85 grams (about 2.97 ounces), net weight. ANCHOVY PATE and SALMON PATE are packed in tins of 87 grams (about 3.04 ounces), net weight.

The applicable subheading for TUNA PATE IN OIL, PICKLED TUNA PATE, ANCHOVY PATE, and SALMON PATE will be 1604.20.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for Other prepared or preserved fish:...Other:...Pastes. The rate of duty will be Free.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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