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HQ 956649

December 8, 1994

CLA-2 CO:R:C:F 956649 JGH


TARIFF NO.: 2106.90.6999

Jane Carlisle, Jr.
United International Industries, Inc.
1005 Callahan Road
Suite 101
Wentzville, Missouri 63385-4701

RE: Classification of seafood processing aids from Australia.

Dear Ms. Carlisle:

Your letter of June 22, 1994, concerns the classification under the Harmonized Tariff Schedule of the United States (HTSUS) of salt-based processing aids for seafood products of Australia.


The Seafood Processing Aid (SPAs), products are intended to improve moisture retention, flavor and texture characteristics of shrimp, lobster and crab.

SPA-S, is a white, granular product composed of sodium and calcium salts used as a conditioning pre-soak to reduce moisture loss during the crustacea's processing and cooking; it also is said to impart a clean flavor.

SPA-SC is a pink, granular material composed of sodium salts and a spice concentrate premix of oleoresin of paprika, nutmeg, celery and ground bay leaf. In addition to maintaining moisture, the product is said to give the seafood a spiced flavor.

SPA-G, is a white powder composed of modified dextrose, sodium chloride, citric acid and vegetable gum. It is used as a glaze to prevent freezer burn and drip loss, as well as to retard surface oxidation.


Classification of the seafood-processing aids under the


The Explanatory Notes (ENs), which provide an interpretation of the various headings of the HTS on an international level, state in regard to heading 2106, Food Preparations Not Elsewhere Specified or Included, that included in that heading are preparations consisting of mixtures of chemicals with foodstuffs. Such mixtures, it notes, are incorporated in food preparations either as ingredients or to improve some of their characteristics (appearance, keeping qualities, etc...).

Since SPA-SC and SPA-G consist of both chemicals and food ingredients and serve a function recognized by the ENs as related to food preparation, they are classifiable in heading 2106.

SPA-S is said to be solely composed of calcium and sodium salts, having no food ingredients; if such is the case, it would probably be considered an inorganic chemical mixture in heading 3823. However, additional information on the composition of the product, including a complete chemical identity of the components as well as a breakdown by weight, is needed to provide a definite classification.


SPA-SC and SPA-G are classifiable in 2106.90.6999, HTSUS, as food preparations not elsewhere specified or included. The rate of duty is 10 percent ad valorem.


John Durant, Director

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