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January 27, 1999

CLA-2-16:RR:NC:2:231 D86119

CATEGORY: CLASSIFICATION

TARIFF NO.: 1602.50.0900

Ms. Janet Schwartz
Schwartz Sausage Company, Inc.
144 Seekings Street
Headingley, Manitoba R4J 1A9
Canada

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA) of cured beef from Canada; Article 509

Dear Ms. Schwartz:

In your letter dated December 15, 1998, you have requested a ruling on the status of cured beef from Canada under the NAFTA.

The product, "Wild West" brand "Oven Ready Cured Beef for Jerky," is frozen, sliced and cured beef for jerky. The ingredients are beef, salt, spices, brown sugar, dextrose, onion powder, garlic powder, sodium erythorbate, sodium nitrate, and flavoring. The net weight is one pound. The product will be sold to supermarkets.

In your correspondence you indicate that during the manufacturing process, Canadian beef is sliced, seasoned, vacuum tumbled, cryovaced in one pound packages, and frozen in Canada. The beef contains spices that are sourced from various countries - pepper (from India), mustard (Canada), oregano (Turkey), cumin (India), fenugreek (India), turmeric (India), nutmeg (Jamaica), chili cracked (India), anise (Turkey), ginger (India), cinnamon (Indonesia), paprika (USA), onions (USA), and garlic (USA).

The applicable tariff provision for "Oven Ready Cured Beef for Jerky" will be 1602.50.0900, Harmonized Tariff Schedule of the United States (HTS), which provides for other prepared or preserved meat, meat offal or blood, of bovine animals, other, not containing cereals or vegetables, cured or pickled. The general rate of duty will be 5.4 percent ad valorem.

Each of the non-originating materials used to make the cured beef has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)(16). Upon compliance with all applicable laws, regulations, and agreements under NAFTA, articles from Canada classifiable in subheading 1602.50.0900, HTS, will be subject to a free rate of duty.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 CFR 181).

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

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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