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NY 885889




May 12, 1993

CLA-2-02:S:N:N7:229-885889

CATEGORY: CLASSIFICATION

TARIFF NO.: 0208.90.4000

Mr. Ted Mittelstaedt
Mittelstaedt, Galaviz & Mylin
450 Sansome St., Suite 200
San Francisco, CA 94111-3310

RE: The tariff classification of fresh and frozen EMU meat from Australia.

Dear Mr. Mittelstaedt:

In your letter dated May 6, 1993, you requested a tariff classification ruling on behalf of David L. Mendenhall & Company of Kooskia, Idaho.

The products in question are described as cuts of fresh and frozen EMU meat from animals farmed in Australia. According to a brochure included with your inquiry, all of the meat sold for export will be fully boned and 90 percent clear. The brochure further states that "[t]he main muscle masses of the emu are in the region of the hind legs and may be broadly broken up into three primal groups: rump, saddle [and] civets." The rump itself, (average weight per bird, 2.3 kilos), consists of three primary cuts,--namely, the round, inside rump and rump. The saddle, (average weight per bird, 1.5 - 1.8 kilos), is said to consist of two outside fillets and two inside fillets, all from the anterior of the pelvis. The civets, (average weight per bird, 7 - 10 kilos), which consist of the chuck, skirt and boned leg, comprise the muscles of the legs and the abductor muscles which hold the legs onto the lower skeletal parts of the pelvis. These cuts will be packed ready for sale in individually, vacuum sealed portions. The individual portions will be marked with contents and packed in export cartons with individual compartments for the various cuts. The weight of the export cartons may range from about 25 to 48 pounds each. The ultimate consignees for this product are expected to be U.S. manufacturers, wholesalers, specialty shops and restaurants.

The applicable subheading for these fresh and frozen EMU meat cuts will be 0208.90.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for Other meat and edible meat offal, fresh, chilled or frozen:... Other:...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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