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NY I85217




August 13, 2002

CLA-2-02:RR:NC:2:231 I85217

CATEGORY: CLASSIFICATION

TARIFF NO.: 0208.90.9000

Mr. Steven Warrington
Ostriches On Line
2218 North 75th Avenue
Elmwood Park, IL 60707

RE: The tariff classification of uncooked, frozen ostrich meat from Australia.

Dear Mr. Warrington:

In your letter, dated August 9, 2002, you have requested a tariff classification ruling.

These goods are described as ostrich meat that is whole (not cut into pieces), uncooked, and frozen. It does not contain any added ingredients. You state that ostrich meat is currently being classified in heading 02.08, HTS, and that you feel this is an incorrect classification. You note a Federal Register notice, published by the U.S. Department of Agriculture (USDA), which indicates that meat of ratite species will be subject to inspection under the Poultry Products Inspection Regulations, under the Poultry Products Inspection Act, rather than under the Voluntary Poultry Products Inspection Regulations, under section 203 of the Agricultural Marketing Act of 1946. You interpret this notice to mean that the meat of the ostrich, a ratite species, should be treated as “poultry” of heading 02.07, HTS. We would disagree.

Regulations are promulgated by government agencies to administer the laws for which they are responsible. The cited Federal Register notice states that the meat of ratite birds will be inspected under regulations of a law governing the inspection of poultry. This requirement is consistent with USDA’s mission to ensure that poultry meat intended for human consumption is imported in a sanitary condition. USDA’s definition of the term “poultry” is crafted, presumably, for that agency’s own needs and purposes. However, it is not a tariff definition.

The statutory language of heading 02.07, HTS, provides for “Meat and edible offal, of the poultry of heading 01.05, fresh, chilled or frozen.” Heading 01.05, HTS, provides for “Live poultry of the following kinds: Chickens, ducks, geese, turkeys and guineas.” The Explanatory Notes to heading 01.05, on page 11, state that “This heading covers only live domestic birds of the kinds specified in the heading. Fowls of the species Gallus domesticus include only chickens and capons. Other live birds (e.g., partridges, pheasants, pigeons, wild ducks, wild geese) are excluded (heading 01.06).” Since ostriches are not listed in heading 01.05, they cannot fall within the purview of heading 02.07.

Accordingly, the applicable subheading for uncooked, frozen ostrich meat will be 0208.90.9000, 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 6.4 percent ad valorem.

Importations of this product are subject to import regulations administered by various U.S. agencies. Requests for information regarding applicable regulations administered by the U.S. Fish and Wildlife Service may be addressed to that agency at the following location:

U.S. Fish and Wildlife Service
P.O. Box 2006
Washington, DC 20005

Requests for information regarding applicable regulations administered by the U.S. Department of Agriculture may be addressed to that agency at the following location:

A.P.H.I.S., Veterinary Services
Federal Building, Room 756
6505 Belcrest Road
Hyattsville, MD 20782

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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