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NY 808762



April 21, 1995

CLA-2-02:S:N:N7:231 808762

CATEGORY: CLASSIFICATION

TARIFF NO.: 0201.20.5000; 0202.20.5000

Mr. Geoffrey Hewitt
D'Artagnan, Inc.
399-419 St. Paul Avenue
Jersey City, NJ 07306

RE: The tariff classification of veal products from the Netherlands.

Dear Mr. Hewitt:

In your letter, dated March 30, 1995, you have requested a tariff classification ruling.

The products are four veal cuts. They are described thus:

1) veal top round: bone in, cap off; 6 to 8 pounds in weight; prepared from the #344 veal leg. The surface fat does not exceed 1/2 inch at any point over the surface.

2) veal loin: 0x0, bone in; has the tenderloin and all cartilage removed. The finished weight is 3.0 to 3.5 pounds. The flank edge is removed by a straight cut which is zero distance from the outer tip of the loin eye muscle. The surface fat is peeled down to the silver skin.

3) veal 6 rib rack: bone in; prepared from the 11th rib veal saddle by a straight cut between the 5th and 6th ribs and the 11th and 12th ribs. The veal breast is removed by a cut across the ribs which is not more than 4 inches from the outer tip of the rib eye muscle. The cap is removed from the veal. The finished weight is 7 to 8 pounds.

4) veal tenderloin: bone in; prepared from the 11th rib back through the full veal loin (#331). All the fat is removed, and the side muscle will remain. The weight for the full tenderloin is 2.5 to 3.0 pounds.

The four veal cuts will be used in the hotel, restaurant, and institution trades, where they will be broken down into individual cuts.

The applicable subheading for the veal cuts, if fresh or chilled, and if imported in quantities that fall within the limits described in additional U.S. note 3 to chapter 2, will be 0201.20.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for meat of bovine animals, fresh or chilled, other cuts with bone in, described in additional U.S. note 3 to chapter 2 and entered pursuant to its provisions, other. The rate of duty will be 4.4 cents per kilogram. If the quantitative limits of additional U.S. note 3 to chapter 2 have been reached, the product will be classified in subheading 0201.20.8000, HTS, and will be dutiable at 30.3 percent ad valorem. In addition, products classified in subheading 0201.20.8000, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.02.01 - 9904.02.37, HTS.

The applicable subheading for the veal cuts, if frozen, and if imported in quantities that fall within the limits described in additional U.S. note 3 to chapter 2, will be 0202.20.5000, HTS, which provides for meat of bovine animals, frozen, other cuts with bone in, described in additional U.S. note 3 to chapter 2 and entered pursuant to its provisions, other. The rate of duty will be 4.4 cents per kilogram. If the quantitative limits of additional U.S. note 3 to chapter 2 have been reached, the product will be classified in subheading 0202.20.8000, HTS, and will be dutiable at 30.3 percent ad valorem. In addition, products classified in subheading 0202.20.8000, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.02.01 - 9904.02.37, HTS.

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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