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NY 832296


October 31, 1988

CLA-2-02:S:N:N1:229

CATEGORY: CLASSIFICATION

TARIFF NO.: 0207.10.4060; 0208.20.0000; 0208.90.4000

Mr. Norton Pereira
BRAZTRADE
4421 East-West Highway
Bethesda, MD 20814

RE: The tariff classification of meat and poultry products from Brazil.

Dear Mr. Pereira:

In your letter dated September 12, 1988, you requested a tariff classification ruling.

The meat and poultry products for which you have requested a ruling are QUAIL (Notura maculosa Temminck), ANGOLAN CHICKEN (Numida meleagris), PHEASANT (Phasianus colchicus), and BULL FROG (Leptodactylus ocellatus).
Research indicates that the species Notura maculosa Temminck is actually the TINAMOU, a South American bird which is not considered as "quail" for tariff purposes, and that the species Numida meleagris is also known as the GUINEA FOWL. The BULL FROGS may be imported LIVE or in the form of FROG LEGS. The bird meat will be imported as whole birds, eviscerated and chilled. The frog legs will also be imported in a chilled condition.

This classification decision is under the Harmonized Tariff Schedule of the United States (HTS), effective January 1, 1989, subject to changes before the effective date.

The applicable HTS subheading for the TINAMOU (Notura Maculosa Temminck) and PHEASANT (Phasianus colchicus) will be 0208.90.4000, which provides for Other meat and edible meat offal, fresh, chilled or frozen:..Other than rabbits, hares, frog legs, deer, and quail. The rate of duty will be 10 percent ad valorem.

The applicable HTS subheading for GUINEA FOWL (Numida meleagris) will be 0207.10.4060, which provides for Meat and edible offal, of the poultry of heading 0105, fresh, chilled or frozen:...Poultry not cut in pieces, fresh or chilled:...Ducks, geese and guineas. The rate of duty will be 11 cents per kilogram.

The applicable HTS subheading for the FROG LEGS (Leptodactylus ocellatus) will be 0208.20.0000, which provides for Other meat and edible meat offal, fresh, chilled or frozen:...Frogs' legs. The rate of duty will be Free.

The applicable HTS subheading for LIVE FROGS (Leptodactylus ocellatus) will be 0106.00.5050, which provides for Other live animals:...Other...Other. The rate of duty will be Free.

Importations of these products are subject to import regulations administered by the various U.S. agencies. Information regarding applicable regulations administered by the U.S. Fish and Wildlife Service may be addressed to that Agency at the following location:

U.S. Fish and Wildlife Service
P.O. Box 28006
Washington, D.C. 20005

Information regarding applicable regulations administered by the U.S. Department of Agriculture may be addressed to that Agency at the following location:

U.S. Department of Agriculture
A.P.H.I.S., Veterinary Services
Federal Building, Room 838
Hyattsville, MD 20782

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 already been filed, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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