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NY 810213

May 16, 1995

CLA-2-16:S:N:N7:231 810213


TARIFF NO.: 1604.14.1000

Mr. Ray Portu
Global Transportation Services, Inc.
9901 NW 106th Street
Medley, FL 33178

RE: The tariff classification of a tuna product from Spain.

Dear Mr. Portu:

In your letter, dated May 9, 1995, you have requested a tariff classification ruling, on behalf of your client, Olives and Food, Inc, Miami Lakes, FL.

The merchandise, "Mediterranean Salad," is produced using the tuna species, Yellowfin/Thunnus albacares. It is prepared after the head has been removed, and the fish has been eviscerated. The ingredients are tuna (25.2 percent), carrots (15.8 percent), pepper (14.2 percent), peas (12.8 percent), onions (12.8 percent), vegetable oil (9.6 percent), water (4.8 percent), vinegar (2.9 percent), sugar (0.8 percent), salt (0.8 percent), and natural fragances (0.25 percent). The product is mixed with several kinds of vegetables, tinned in vegetable oil and vinegar, and hermetically sealed in tinplate cans. It is sterilized by thermal treatment.

The applicable subheading for the "Mediterranean Salad," which is made using the tuna species, Yellowfin/Thunnus albacares, will be 1604.14.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs, fish, whole or in pieces, but not minced, tunas, skipjack and bonito (Sarda spp.), tunas and skipjack, in airtight containers, in oil. The rate of duty will be 35 percent ad valorem.

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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