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NY R01004

November 8, 2004

CLA-2-03: RR: NC: 2:231 R01004


TARIFF NO.: 0306.29.0000; 0307.91.0090; 1212.20.0000

Ms. Lisa Thomas
PBB Global Logistics, Inc.
670 Young Street
Tonawanda, NY 14150

RE: The tariff classifications of live marine food from Canada.

Dear Ms. Thomas:

In your letter dated October 27, 2004, on behalf of your client, Reef Crew, you requested a tariff classification ruling.

The merchandise is described thus:

Mysid Shrimp, (Mysidopsis bahia)
Rotifer, (Brachionus plicatilis)
Algae, (Nannochloropsis oculata)
Algae, (Tetraselmis)
Algae, (Isochrysis galbana)

These items will be prepared for export by removing them from growing tanks, cleaning and packaging them in 6x12x4 heat-sealed polyurethane bags. These bags are then packed in color-coded bags that are also heat-sealed. It is stated that these items will be imported live to be used as a food source for aquatic animals. They will be marketed to individuals, retailers, fish farms and zoos.

The applicable heading for live Mysid Shrimp (Mysidopsis bahia) will be 0306.29.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for crustaceans, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine...not frozen...other, including flours, meals and pellets of crustaceans, fit for human consumption. The duty rate will be Free.

The applicable subheading for live Rotifer (Brachionus plicatilis) will be 0307.91.0090, HTS, which provides for aquatic invertebrates other than crustaceans and molluscs, live, fresh, chilled, frozen, dried, salted or in brine:...Other,...Live, fresh or chilled...Other. The rate of duty will be Free.

The applicable subheading for the Algae, (Nannochloropsis oculata), Algae, (Tetraselmis) and Algae, (Isochrysis galbana) will be1212.20.0000, HTS, which provides for seaweeds and other algae. The rate of duty will be Free.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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.


Robert B. Swierupski

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