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NY I84282





July 22, 2002

CLA-2-16:RR:NC:2:231 I84282

CATEGORY: CLASSIFICATION

TARIFF NO.: 1604.19.4000

Mr. Barry Johnston
King and Prince Seafood Corporation
1 King and Prince Boulevard
P.O. Box 899
Brunswick, GA 31521

RE: The tariff classification of stuffed flounder from Thailand.

Dear Mr. Johnston:

In your letter, dated July 10, 2002, you requested a tariff classification ruling.

The merchandise is described thus:

“King and Prince” brand “Flounder Del Rey,” item 057914, consists of 3 ounce flounder that is stuffed with flavored crabmeat/bread crumb stuffing. The ingredients are flounder fillets (Pleuronectes bilineatus or rock sole), crabmeat, soybean oil, pollock, enriched and bleached wheat flour, peppers, celery, onions, soy protein isolate, bread yeast, egg yolks, salt, sugar, paprika, hydrolyzed corn protein, lecithin, xanthan gum, mustard (distilled vinegar, water, mustard seed, turmeric, paprika, spice, garlic powder, and natural flavoring), lemon juice concentrate, spices, garlic, dextrose, sodium tripolyphosphate, calcium disodium EDTA, disodium inosinate, and disodium guanylate. Each portion of stuffed flounder contains 2 ounces of stuffing. The item is quick-frozen and packaged. All ingredients are sourced from Thailand with the exception of the twice frozen flounder, which is exported from China to Thailand, and processed in Thailand. The product will be sold to restaurants and food wholesalers. Item 057914 is packed 4/4/9 (4 inner cartons, 4 portions, 9 ounces stuffed fish). “King and Prince” brand “Flounder Del Rey,” item 055912, consists of 3 ounce flounder that is stuffed with flavored crabmeat stuffing. The ingredients are the same as those in item 057914. Item 055912 is packed 4/6/6 (4 inner cartons, 6 portions, 6 ounces stuffed fish). “King and Prince” brand “Flounder Del Rey,” item 057915, consists of 3 ounce flounder that is stuffed with flavored crabmeat stuffing. The ingredients are the same as those in item 057914 (listed above). Item 057915 is packed 4/8/4.5 (4 inner cartons, 8 portions, 4.5 ounces stuffed fish).

The applicable subheading for stuffed flounder (items 1, 2, and 3) will be 1604.19.4000, 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, other (including yellowtail), other, fish sticks and similar products of any size or shape, fillets or other portions of fish, if breaded, coated with batter or similarly prepared, neither cooked nor in oil. The rate of duty will be 10 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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