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NY I82792





June 24, 2002

CLA-2-16:RR:NC:2:231 I82792

CATEGORY: CLASSIFICATION

TARIFF NO.: 1604.11.2020; 1604.14.1000

Ms. Katherine King
Ocean Fisheries Limited
Imports Division
13140 Rice Mill Road
Richmond, British Columbia V6W 1A1
Canada

RE: The tariff classification of canned tuna and canned salmon from Thailand.

Dear Ms. King:

In your letter, dated May 28, 2002, you requested a tariff classification ruling.

The merchandise, all products of Thailand, is described thus:

“Ocean’s” brand, pre-cooked and canned, “Zesty Italian Complete Tuna Meal.” The ingredients are tuna, pasta shells, red peppers, green string beans, carrots, baby corn, and dressing (vinegar, water, sunflower oil, lime juice, salt, sugar, garlic, chili, black pepper, oregano, and xanthan gum). The product contains, by weight, 40 percent vegetables, 30 percent tuna chunks, 17 percent dressing, and 13 percent pasta. The product is packed in a pull-top, tin can of 170 g, net, in a paperboard box, along with a small, plastic spoon. “Ocean’s” brand, pre-cooked and canned, “Spanish Salad Complete Tuna Meal.” The ingredients are tuna, kidney beans, corn niblets, red peppers, onions, and dressing (vinegar, sunflower oil, sugar, salt, citric acid, paprika, white pepper, cumin, and xanthan gum). The product contains, by weight, 58 percent vegetables, 36 percent tuna chunks, and 6 percent dressing. The product is packed in a pull-top, tin can of 170 g, net, in paperboard box, along with a small, plastic spoon. “Ocean’s” brand, pre-cooked and canned, “Salad Niçoise Complete Tuna Meal.” The ingredients are tuna, potatoes, carrots, gherkins, red peppers, black olives, capers, onions, and dressing (vinegar, water, olive oil, garlic, salt, soy protein, white pepper, parsley, paprika, and guar gum). The product contains, by weight, 50 percent vegetables, 38 percent tuna chunks, and 12 percent dressing. The product is packed in a pull-top, tin can of 170 g, net, in a paperboard box, along with a small, plastic spoon. “Ocean’s” brand, pre-cooked and canned, “Ready to Eat Meals Salmon Penne.” The ingredients are salmon, penne pasta, red peppers, green string beans, carrots, baby corn, and dressing (vinegar, water, sunflower oil, salt, lime juice, sugar, garlic, modified starch, chili, black pepper, oregano, and xanthan gum). The product contains, by weight, 42 percent vegetables, 29 percent salmon chunks, 17 percent dressing, and 12 percent pasta. The product is packed in a pull-top, tin can of 170 g, net, enclosed in a paperboard box, along with a small, plastic spoon. “Ocean’s” brand “Sandwich Mate Singles – Light Tuna and Mayonnaise,” consists of a retail paperboard sleeve holding three pull-top cans of product, each can weighing 85g, net. The product contains light tuna chunks and pieces (70 percent, by weight) and reduced fat mayonnaise (water, vinegar, sugar, vegetable oil, egg yolk powder, and egg white powder), modified starch, coloring, guar gum, and xanthan gum. “Ocean’s” brand “Sandwich Mate Light Tuna and Mayonnaise” contains the same ingredients as those listed in item 5, but is packed in plastic pouches of 185 g, net, each. “Ocean’s” brand “Tuna SnacKit.” The product is comprised of canned tuna and mayonnaise in a tin weighing 85 g, net, and a package of crackers, a spoon, and a napkin, encased in a clear plastic container. The canned tuna and mayonnaise portion contains tuna, reduced fat mayonnaise (water, vinegar, sugar, vegetable oil, egg yolk powder, and egg white powder), modified starch, coloring, guar gum, and xanthan gum. It contains, by weight, 70 percent tuna and 30 percent reduced fat mayonnaise. “Ocean’s” brand, canned “Pacific Salmon SnacKit.” The product consists of canned Pacific salmon and mayonnaise in a tin of 75 g, net, and a package of crackers, a spoon, and a napkin, encased in a clear plastic container. The canned Pacific salmon and mayonnaise portion contains Pink salmon, Sockeye salmon, reduced fat mayonnaise (water, vinegar, sugar, vegetable oil, egg yolk powder, and egg white powder), modified starch, capers, lemon spice, coloring, guar gum, and xanthan gum. It contains, by weight, 62 percent salmon and 38 percent mayonnaise. The salmon is flaked. An examination of the submitted label indicates that the pink salmon predominates by weight. .

The “Tuna Antipasto Snack Kit” contains a tin tuna, vegetables and dressing. Because the tuna content is below 20 percent by weight, classification of this product will not be in chapter 16. As some analysis of the product will be required, your request for a ruling on this ‘Antipasto SnacKit” will be answered in separate correspondence.

The applicable subheading for the canned tuna preparations, (items 1,2,3,5,6,7), 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.

The applicable subheading for canned salmon (items 4 and 8) will be 1604.11.2020, HTS, which provides for prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs, fish, whole or in pieces, but not minced, salmon, in oil, in airtight containers, pink (humpie). The rate of duty will be 6 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Thomas Brady at (646) 733-3030.

Sincerely,

Robert B. Swierupski
Director

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