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NY I84133




July 25, 2002

CLA-2-16:RR:NC:2:231 I84133

CATEGORY: CLASSIFICATION

TARIFF NO.: 1602.50.2040

Mr. Charles Riley
John A. Steer Company
28 South Second Street
Philadelphia, PA 19106

RE: The tariff classification of cooked and seasoned beef from Brazil.

Dear Mr. Riley:

In your letter, dated July 7, 2002, you requested a tariff classification ruling on behalf of your client, BrucePac, Inc., Silverton, OR.

The merchandise is described thus:

“Old Fashioned Beef Jerky,” item BRZOF120, is sliced, cooked, and seasoned beef that is packaged in bulk for further processing. The ingredients are sliced beef, brown sugar, water, salt, vinegar, black pepper, garlic powder, monosodium glutamate, citric acid, and a curing agent (containing sodium nitrite). The meat contains, by weight, 30 percent protein, 24 percent moisture, 5 percent fat, and 2.5 percent salt. “Peppered Beef Jerky,” item BRZPP140, is sliced, cooked, and seasoned beef that is packaged in bulk for further processing. The ingredients are sliced beef, brown sugar, water, salt, black pepper, vinegar, garlic powder, monosodium glutamate, citric acid, and a curing agent (containing sodium nitrite). The meat contains, by weight, 30 percent protein, 24 percent moisture, 5 percent fat, and 2.5 percent salt. “Mexican Brand Beef Jerky,” item BRZMX150, is sliced, cooked, and seasoned beef that is packaged in bulk for further processing. The ingredients are sliced beef, brown sugar, water, salt, red pepper, black pepper, garlic powder, monosodium glutamate, oregano, citric acid, and a curing agent (containing sodium nitrite). The meat contains, by weight, 30 percent protein, 24 percent moisture, 5 percent fat, and 2.5 percent salt.

During the manufacturing process, fat is removed from fresh meat and the meat is sliced. After slicing, the meat is taken to a tumbling area where water and seasoning are added. The meat is tumbled for 20 minutes and placed in a cooler for a period of one day (for curing). Then meat is placed in an oven for cooking and smoking. The meat is atomized with natural wood smoke flavor for 15 minutes. The product is cooked for six hours until an internal temperature of 155o Fahrenheit is reached. It is then cooked at smokehouse temperature (180o Fahrenheit) until a moisture range of 22-24 percent is achieved. The meat is cooled at room temperature and packed in plastic totes. The totes are taken to the packaging room where the product is placed in plastic bags that are sealed and an oxygen scavenger is added. The products are imported in corrugated cartons (in bulk) for further processing.

The applicable subheading for beef jerky (items 1, 2, and 3) will be 1602.50.2040, 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, other, in airtight containers, other, other. The rate of duty will be 1.4 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 Thomas Brady at (646) 733-3030.

Sincerely,

Robert B. Swierupski
Director

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