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NY N004922




January 17, 2007

CLA-2-03:RR:E:NC:SP:231

CATEGORY: CLASSIFICATION

TARIFF NO.: 0304.20.6032

Ms. Erma M. Tarkington
Marisol International LLC
322 Knapp Blvd. (Suite 235)
Nashville, TN 37217

RE: The tariff classification of frozen catfish fillets from China.

Dear Ms. Tarkington:

In your letters dated December 4 and December 29, 2006, you requested a tariff classification ruling on behalf of Tampa Maid Foods Inc. (Lakeland, FL).

The goods in question are described as IQF (individually quick frozen) blue channel fresh water catfish fillets and strips (Ictalurus punctatus), 3.4 to 3.8 ounces per piece, packed in 15-pound boxes. Photos accompanying your submission show that the items are thin, irregularly shaped slices of skinless/boneless meat cut parallel to the backbone of the fish.

The applicable subheading for the above-described product will be 0304.20.6032, Harmonized Tariff Schedule of the United States (HTSUS), which provides for fish fillets and other fish meat (whether or not minced), fresh, chilled or frozen: frozen fillets: other : fresh-water fish: Ictalurus spp. The rate of duty will be Free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

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

Pursuant to title 19 United States Code, Section 3005 The Harmonized Tariff Schedule of the United States is in the process of being amended to reflect changes recommended by the World Customs Organization. The amendments are expected to affect the classification of your merchandise. On January 4, 2007, Presidential Proclamation 8097 containing these changes was published in the Federal Register. See 72 FR 453, Volume 72, No. 2. The proclaimed changes are effective for goods entered or withdrawn from warehouse for consumption on or after February 3, 2007. Once those changes are in effect, it is anticipated that your merchandise will be classified in subheading 0304.29.6032, HTSUS.

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 Nathan Rosenstein at 646-733-3030.

Sincerely,

Robert B. Swierupski
Director,

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