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NY D83217




October 9, 1998

CLA-2-16:RR:NC:2:231 D83217

CATEGORY: CLASSIFICATION

TARIFF NO.: 1602.50.9040

Ms. Molly Sheppard-Kelly
Mittelstaedt, Galaviz, and Mylin, Inc.
341 Broadway Street
San Francisco, CA 94133

RE: The tariff classification of prepared beef from New Zealand.

Dear Ms. Sheppard-Kelly:

In your letter, dated September 30, 1998, you have requested a tariff classification ruling on behalf of your client, Crown Marketing Limited, Wellington, New Zealand.

The merchandise is described thus:

1. "Fresh Frozen 130g Kobe Hamburgs - GI7238" are frozen hamburgers. The ingredients are 78.8 percent beef, 11.2 percent onions, 6 percent bread crumbs, 2.5 percent eggs, 0.8 percent milk protein, and 0.7 percent flavoring and spices. The fat content is 18 percent. The hamburgers are packed in foil laminated pouches, 22 hamburgers per pouch, 3 pouches per carton.

2. "55g Precooked Tasty Cheddar Cheese Filled Beef Bites" are precooked, frozen meat patties that have been filled with a cheddar and gouda cheese mix. The beef bites contain 90 percent meat and 10 percent cheese. The meat component contains 71 percent beef, 12 percent onions, 6 percent bread crumbs, 3 percent eggs, 2.5 percent flavoring and spices, 2.5 percent water, 1.5 percent milk protein, and 1.5 percent TVP. The beef bites are packed in foil laminated pouches, 4 beef bites per 220 gram pack, 48 packs per carton.

The applicable subheading for "Fresh Frozen 130g Kobe Hamburgs - GI7238" and "55g Precooked Tasty Cheddar Cheese Filled Beef Bites" will be 1602.50.9040, Harmonized Tariff Schedule of the United States (HTS), which provides other prepared or preserved meat, meat offal or blood, of bovine animals, other, other, other. The rate of duty will be 5 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Ralph Conte at (212) 466-5759.

Sincerely,

Robert B. Swierupski
Director

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