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NY N020088




December 7, 2007

CLA-2-16:OT:RR:NC:SP:231

CATEGORY: CLASSIFICATION

TARIFF NO.: 1602.50.6000

Mr. Mark Sandstrom
Law Offices of Mark R. Sandstrom
1400 Sixteenth Street, N.W. (Suite 400)
Washington, D.C. 20036

RE: The tariff classification of frozen, seasoned beef from Uruguay.

Dear Mr. Sandstrom:

In your letter dated November 15, 2007, together with additional information submitted via email on December 5, 2007, you requested a tariff classification ruling on behalf of your client, Sampco, Inc.

The products to be imported are identified as two versions (formulations) of “frozen seasoned beef steak, chunked and formed,” both of which will be used by customers by thinly slicing, grilling and adding other ingredients to produce steak sandwiches commonly known as “Philly Cheese Steaks.” Both versions will be produced by mixing one-inch cubes of 100% visually lean beef chuck with water and other ingredients (as detailed below), then forming the resulting mixture into a log-like configuration and freezing it in a non-airtight cardboard shipping carton.

Formula #1 of the imported product is said to consist of 75% beef, 17.5% water, 0.5% modified food starch and 7% “seasoning.” The “seasoning” itself consists of 17.8% salt, 9% black pepper, 1.6% celery seed, 10.6% onion and garlic powder, 3.6% tomato powder, 0.4% Worcestershire sauce base, 0.1% spice extractives (from black pepper), 18% dextrose, 18.5% hydrolyzed soy protein, 9.9% sugar, 6.1% sodium tripoly phosphate, 2.6% caramel color, 0.3% autolyzed yeast, 0.2% citric acid, and 1.3% silicon dioxide.

Formula #2 of the imported product is said to consist of 69% beef, 23% water, 1% modified food starch and 7% “seasoning.” The “seasoning” itself consists of 17.15% salt, 7.13% black pepper, 1.27% celery seed, 5.25% garlic powder, 5% onion powder, 5.25% tomato powder, 2.2% spice extractives (from black pepper), 42.53% dextrose, 7.8% sodium phosphate, 2% autolyzed yeast, 2.12% hydrolyzed soy protein, 2.1% caramel color, and 0.2% silica gel.

The applicable subheading for both formulas of the above-described “frozen seasoned beef steak, chunked and formed,” will be 1602.50.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other prepared or preserved meat, meat offal or blood: of bovine animals: other: not containing cereals or vegetables: other: other. The rate of duty will be 1.8% ad valorem.

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/.

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

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

This merchandise may also be 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 Nathan Rosenstein at 646-733-3030.

Sincerely,

Robert B. Swierupski
Director,

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