NY 865578 - The tariff classification of a "Tender-Lean" BONELESS BEEF PRODUCTS from Australia. - United States International Trade Commision Rulings

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NY 865578

August 23, 1991

CLA-2-02:S:N:N1:229-865578

CATEGORY: CLASSIFICATION

TARIFF NO.: 0202.30.4000

Mr. Felix E. Mirabal, President
Golden Crown International, Inc.
9380 S.W. 72 St., Suite B-216
Miami, FL 33173

RE: The tariff classification of a "Tender-Lean" BONELESS BEEF PRODUCTS from Australia.

Dear Mr. Mirabal:

In your letter dated July 24, 1991, you requested a tariff classification ruling.

"Tender-Lean" BONELESS BEEF will be imported in one of several proposed forms and labeled as "Tender-Lean" TENDERLOIN SHAPE, "Tender-Lean" STRIPLOIN SHAPE, "Tender-Lean" CUBE ROLL SHAPE, and "Tender-Lean" ROAST BEEF SHAPE. These products will each consist of a blend of 99 percent by weight of boneless beef and 1 percent of a combination of sodium alginate, calcium carbonate, lactic acid and sodium lactate. The one percent additives are said to function as binders in the product. In the manufacturing process, the boneless beef will first be ground through a 13/16 inch (20 millimeter) plate, and then blended and mixed with the additives. After blending, the beef/additive mixture will be extruded, through an appropriately shaped plate head, into the shape of a Tenderloin, Striploin, Cube Roll, or Roast Beef. The extruded product will then be wrapped and frozen or chilled, according to the customer's specifications, and packed for export. A sample of the product, a cylinder of frozen red meat about 2-1/4 inches (about 5.5 centi- meters) in diameter, was found to be made up of small pieces of meat. The sizes of the individual pieces were consistent with that of meat which had been ground through a 13/16 inch plate, as described in the manufacturing process above.

If imported fresh or chilled, the applicable subheading for "Tender-Lean" BONELESS BEEF in Tenderloin, Striploin, Cube Roll, or Roast Beef will be 0201.30.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for Meat of bovine animals, fresh or chilled:...Boneless:... Processed:...Other. The rate of duty will be 10 percent ad valorem.

If imported frozen, the applicable subheading for "Tender- Lean" BONELESS BEEF in Tenderloin, Striploin, Cube Roll, or Roast Beef Shapes, will be 0202.30.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for Meat of bovine animals, frozen:...Processed:...Other. The rate of duty will be 10 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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