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NY 802898




November 3, 1994

CLA-2-03:S:N:N7:231 802898

CATEGORY: CLASSIFICATION

TARIFF NO.: 0304.20.2044; 0304.90.1009

Ms. Patricia Gordon
Marine Resources Company International
192 Nickerson, Suite 307
Seattle, WA 98109

RE: The tariff classification of Alaskan pollack from Russia.

Dear Ms. Gordon:

In your letter, dated September 28, 1994, you requested a tariff classification ruling.

The merchandise is comprised of Alaskan pollack blocks. The 16.5 pound blocks are used as the primary ingredient for the production of battered, breaded, and raw portions of fish. The applications for these products are the food service and retail trades.

Subsequent to importation, the individual blocks are cut with a band saw to the portion size and dimensions of the product that is scheduled for production. Portions vary from one ounce sticks to three ounce squares.

The Alaskan pollack blocks will have production codes "L," "LD," "LDB," and "M." In your correspondance, you indicate that the codes will indicate the following products:

1. "L" is the regular, long pack, with the fat layer on the outside edge. Secondary or subsidiary lines are acceptable. The skinned side is packed towards the inside of the pack on both the top and bottom layers.

2. "LD" is the long pack, deep skin fillets. This product is deep skinned with no peripheral fat layer or skin on the fillet. Fillets do not have visible, secondary or subsidiary fat lines. Fillets are shingled lengthwise in the pack with only the white side visible on both top and bottom layers of
the pack. The middle of the pack is shingled. Blocks that are not properly shingled in the middle are very weak, and they have a tendency to break with handling.

3. "LDB" is the "LD" block downgraded. The same criteria for deep skinning of "LD" is met. If downgraded due to too much skin, the product is classified as "L" or "LB." Downgrades of this product are due to ice pockets, voids, underweights, improper dimensions, and other defects that are not related to deep skinning.

4. "M" is minced pollack. The mince must be free of blood spots, guts, bones, and belly lining. Rejected fillets with a high incidence of large parasites are used as fish meal.

The applicable subheading for Alaskan pollack blocks with production codes "L," "LD," and "LDB" will be 0304.20.2044, Harmonized Tariff Schedule of the United States (HTS), which provides for fish fillets and other fish meat (whether or not minced), fresh, chilled or frozen, frozen fillets, skinned, whether or not divided into pieces, and frozen into blocks each weighing over 4.5 kilograms, imported to be minced, ground or cut into pieces of uniform weights and dimensions, pollock, Alaska pollock (Theragra chalcogramma). The rate of duty will be free.

The applicable subheading for Alaskan pollack blocks with production code "M" will be 0304.90.1009, HTS, which provides for fish fillets and other fish meat (whether or not minced), fresh, chilled or frozen, other, in bulk or in immediate containers weighing with their contents over 6.8 kilograms each, minced, other, other. 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.

Sincerely,

Jean F. Maguire
Area Director

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