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NY N019614




November 26, 2007

CLA-2-02:OT:RR:E:NC:SP:231

CATEGORY: CLASSIFICATION

TARIFF NO.: 0202.30.5000; 0202.30.8000

Ms. J. Kelly Grike
John A. Steer Co.
28 S. 2nd Street
Philadelphia, PA 19106

RE: The tariff classification of frozen beef from Uruguay.

Dear Ms. Grike:

In your letter dated November 9, 2007, you requested a tariff classification ruling on behalf of Gurrentz International Corporation.

The merchandise in question is said to be frozen, “seasoned boneless beef” intended for further processing. You state that the imported product is obtained by deboning and trimming bovine carcasses and tumbling the resultant pieces of beef with 2 percent deheated mustard until the latter is fully disbursed and absorbed. Then the product is placed in poly-lined cartons and frozen in 60-lb blocks (58.8 lbs boneless beef plus 1.2 lbs deheated mustard).

Based on your description, and for the purposes of this ruling, it is assumed that the imported product will not have undergone any of the operations (constituting “processed” meats) enumerated in Additional U.S. Note 1(a) of Chapter 2, Harmonized Tariff Schedule of the United States (HTSUS).

The applicable subheading for the above-described frozen beef, if entered under quota, will be 0202.30.5000, HTSUS, which provides for meat of bovine animals, frozen: boneless: described in additional U.S. note 3 to chapter 2 and entered pursuant to its provisions: other than processed. The rate of duty will be 4.4 cents per kilogram.

The applicable subheading for the above-described frozen beef, if entered outside the quota, will be 0202.30.8000, HTSUS, which provides for meat of bovine animals, frozen: boneless: other. The rate of duty will be 26.4% ad valorem. Products classified in subheading 0202.30.8000, HTSUS, are also subject to additional safeguard duties based on their value, as described in subheadings 9904.02.27—9904.02.37.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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.

These goods are also subject to regulations or restrictions administered by the U.S. Department of Agriculture, Animal and Plant Health Division (APHIS). You may contact that agency regarding possible applicable regulations at the following location:

U.S. Department of Agriculture
APHIS, VS, NCIE
Products Program
4700 River Road, Unit 40
Riverdale, MD 20737-1231
Telephone number: 301-734-3277
Facsimile: 301-734-8226

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 Nathan Rosenstein at 646-733-3030.

Sincerely,

Robert B. Swierupski
Director,

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