NY 0864289 - The tariff classification of live TROPICAL FISH, live POLYPS, and CORAL from Ecuador. - United States International Trade Commision Rulings

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NY 864289

June 19, 1991

CLA-2-03/05:S:N:N1:229-864289

CATEGORY: CLASSIFICATION

TARIFF NO.: 0301.10.0000; 0307.91.0090; 0508.00.0000

Ms. Carmen Chang
P.O. Box 4066
Guayaquil, Ecuador
South America

RE: The tariff classification of live TROPICAL FISH, live POLYPS, and CORAL from Ecuador.

Dear Ms. Chang:

In your letter dated May 7, 1991, received by this office on June 17, 1991, you requested a tariff classification ruling.

The goods in question are described as live TROPICAL FISH, both fresh water and marine, live POLYPS, and CORAL, all for use in aquaria. It is assumed, for purposes of this ruling, that the CORAL to be imported will be unworked (or coral from which only the outer crust has been removed) or simply prepared but not otherwise worked (that is, coral not having undergone pro- cesses extending beyond simple cutting).

The applicable subheading for the live TROPICAL FISH will be 0301.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Live fish:...Ornamental fish. The rate of duty will be FREE.

The applicable subheading for live POLYPS will be 0307.91.0090, HTS, which provides for aquatic invertebrates other than crustaceans and molluscs, live, fresh, chilled, frozen, dried, salted or in brine:...Other: ...Live, fresh or chilled...Other. The rate of duty will be FREE.

The applicable subheading for the CORAL will be 0508.00.0000, HTS, which provides for Coral and similar materials, unworked or simply prepared but not otherwise worked. The rate of duty will be FREE.

Importations of live fish and polyps, and coral may be subject to import regulations administered by various U.S. agencies. Specifically, the U.S. Fish and Wildlife Service will require the scientific names of all live fish and polyps and the species of each coral, along with the quantities of each species shipped and its country of origin. This information will be required at the time this merchandise is entered into the United States. Information regarding applicable regulations administered by this Agency may be addressed to the following location:

U.S. Fish and Wildlife Service
P.O. Box 28006
Washington, D.C.
20005

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.

Sincerely,

Jean F. Maguire
Area Director

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