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NY 869661


December 26, 1991

CLA-2-02:S:N:N1:229-869661

CATEGORY: CLASSIFICATION

TARIFF NO.: 0207.39.0020;0207.39.0040;0207.41.0000; 0207.42.0000;0210.90.2000

Mr. Paul Langs
Qualico Foods Inc.
21 Brockley Drive
Stoney Creek, Ontario L8E 3C3
Canada

RE: The tariff classification of mechanically deboned CHICKEN or TURKEY meat from Canada.

Dear Mr. Langs:

In your letter dated December 6, 1991, you requested a tariff classification ruling.

You state that your company purchases poultry bones with varying amounts of meat adhering after the main cuts have been removed. These bones are then processed through a grinding, pressing, and screening system to extract the remaining meat. You describe the product as being similar to a very fine ground or comminuted meat. Mechanically deboned CHICKEN or TURKEY meat is marketed either fresh or frozen and with or without cure. The cure consists of salt and sodium nitrite in varying concentrations, according to the customers' needs. After importation into the United States, this product will be further processed into soups, wieners, patties, etc.

The applicable subheading for mechanically deboned CHICKEN meat, imported fresh, but not cured, will be 0207.39.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for Poultry cuts and offal (including livers), fresh or chilled:...Other...Of chickens. The applicable subheading for Mechanically deboned TURKEY meat, imported fresh, but not cured, will be 0207.39.0040, HTS, which provides for Poultry cuts...Of turkeys. The rate of duty applicable under each of these subheadings will be 22 cents per kilogram.

Goods classifiable under subheadings 0207.39.0020 and 0207.39.0040, HTS, which have originated in the territory of Canada, will be entitled to a 15.4 cents per kilogram rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations. Effective January 1, 1992, the rate of duty for eligible Canadian merchandise will be 13.2 cents per kilogram.

The applicable subheading for mechanically deboned CHICKEN meat, imported frozen, but not cured, will be 0207.41.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Poultry cuts and offal other than livers, frozen:...Of chickens. The applicable subheading for mechanically deboned TURKEY meat, imported frozen, but not cured, will be 0207.42.0000, HTS, which provides for Poultry cuts...Of turkey. The duty rate will be 22 cents per kilogram.

Goods classifiable under subheadings 0207.41.0000 and 0207.42.0000, HTS, which have originated in the territory of Canada, will be entitled to a 15.4 cents per kilogram rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations. Effective January 1, 1992, the duty rate for eligible Canadian merchandise will be 13.2 cents per kilogram.

The applicable subheading for mechanically deboned CHICKEN or TURKEY meat, which has been cured with salt and sodium nitrite prior to importation, will be 0210.90.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for Meat and edible meat offal, salted, in brine, dried or smoked; edible flours and meals of meat or meat offal:...Other, including edible flours and meals of meat or meat offal:...Meat of poultry of heading 0105. The duty rate will be 5 percent ad valorem.

Goods classifiable under subheading 0210.90.2000, HTS, which have originated in the territory of Canada, will be entitled to a 3.5 percent ad valorem rate of duty under the United States- Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations. Effective January 1, 1992, the duty rate for eligible Canadian merchandise will be 3 percent ad valorem.

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 been filed without a copy, 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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