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NY L85638




June 22, 2005

CLA-2-16:RR:NC:2:231 L85638

CATEGORY: CLASSIFICATION

TARIFF NO.: 1602.32.0030; 1602.50.9040;

Ms. Nora Shek
Centennial Foods
4043 Brandon St., S.E.
Calgary, Alberta T2G 4A7
Canada

RE: The tariff classification of two meat products from Canada

Dear Ms. Shek:

In your letter dated June 14, 2005, you requested a tariff classification ruling.

The goods in question are listed as:

Code Number Product Description

53558 Swiss Cheese and Portabella Mushroom Beef Patties 61143 Chicken Breast with cream cheese & cranberry filling in puff pastry

Swiss Cheese and portabella mushroom beef patties is said to consist, predominantly, of beef, along with other ingredients, including water, processed cheese food, flavored breadcrumb binder and portabella mushroom. In production, the meat will be ground, mixed with the other ingredients, then formed into patties and individually quick-frozen. The frozen patties will be packaged in a plastic-lined retail box, put up in a master case and stored frozen.

Chicken Breast with cream cheese and cranberry filling in puff pastry is said to consist of cooked chicken breast (more than 20 percent by weight) and other ingredients, including cream cheese, cranberries, eggs, milk and puff pastry. The cream cheese and cranberry filling is weighed out and formed into puck shapes and frozen. The chicken breast is placed on the pastry sheet and the frozen cranberry/cream cheese puck placed on top of the chicken. Once the product is formed, it is wrapped within the pastry. Each finished pastry is then passed through an egg/milk dip, and individually quick-frozen. The frozen puff pasties are then individually packaged into retail boxes. The retail boxes are further packaged into master cartons.

The applicable subheading for the Swiss Cheese and Portabella Mushroom Beef Patties will be 1602.50.9040, Harmonized Tariff Schedule of the United States (HTS), which provides for other prepared or preserved meat, meat offal or blood: of bovine animals, other, other, other. The rate of duty will be 2.5 percent ad valorem.

The applicable subheading for the Chicken Breast with Cream Cheese and Cranberry Filling in Puff Pastry will be 1602.32.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for other prepared or preserved meat, meat offal or blood: Of poultry of heading 0105, of chickens, prepared meals, other. The rate of duty will be 6.4 percent ad valorem.

This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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 P. Brady at 646-733-3030.

Sincerely,

Robert B. Swierupski
Director,

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