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NY 884663

April 21, 1993



TARIFF NO.: 0304.20.6085

Richard A. Hohman
Impact Marketing USA, Inc.
P.O. Box 82013
Tampa, FL 33682

RE: The tariff classification of frozen FISH FILLETS and PORTIONS from South Africa.

Dear Mr. Hohman:

In your letter dated March 26, 1993, you requested a tariff classification ruling.

The product in question consists of frozen fish fillets and portions from the Cape Hake, (scientific name, Merluccius capensis). The fillets will be individually wrapped fillets of from 6 to 8 ounces or from 8 to 10 ounces each. The frozen portions will consist of fillets that have been trimmed and, then, cut into portion controlled pieces. Both the fillets and portions will be frozen individually wrapped (IW) and packaged in 4 inner cartons of 5 kilograms each, net, per export carton.

Although described as "hake" fillets and portions, these products will not be considered as "hake" for tariff purposes. "Hake" is defined in the tariff as consisting only of species of the genus Urophycis, while Cape Hake is of the genus Merluccius. Fish of the genus Merluccius are considered "Whiting" for tariff purposes. Indeed, "The Fish List, FDA Guide to Acceptable Market Names for Food Fish Sold in Interstate Commerce 1988, lists the species Merluccius capensis with the market name "Whiting."

The applicable subheading for these frozen WHITING FILLETS and PORTIONS will be 0304.20.6085, Harmonized Tariff Schedule of the United States (HTS), which provides for Frozen fillets:...Other:...Other...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.


Jean F. Maguire
Area Director

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