CLA-2-02:OT:RR:E:NC:SP:231
Mr. John K. Greenlee
John A. Steer Co.
28 S. 2nd Street
Philadelphia, PA 19106
RE: The tariff classification and marking of frozen mutton from Australia or New Zealand.
Dear Mr. Greenlee:
In your letter dated June 13, 2008, received here on July 16, 2008, you requested a tariff classification and marking ruling on behalf of McDonald’s Asia Pacific Consortium.
The goods in question are described as frozen boneless mutton blocks. They will consist of 100% fresh mutton trimmings that have been reduced in size (e.g., chunked by a grinder fitted with a kidney plate), pumped into trays, and then frozen in a horizontal plate freezer into thin blocks. Photos accompanying your inquiry show frozen, slab-like agglomerations made up of numerous meat chunks that appear to have been pressed together. The blocks will be stacked and palletized for export. In contrast to the current practice of packing, freezing and shipping the meat in cartons, the above-described procedure is said to be a new one intended to enhance freezing efficiency, improve product consistency and quality, reduce packaging costs, and allow for greater automation. You state that the blocks will be imported for use in the further manufacturing of mutton meat products in the USA.
The applicable subheading for the frozen boneless mutton blocks will be 0204.43.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other meat of sheep, frozen: boneless: other than lamb. The general rate of duty will be 2.8 cents per kilogram.
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/.
Articles classifiable under subheading 0204.43.4000, HTSUS, which are products of Australia, may be entitled to duty free-treatment under the United States-Australia Free Trade Agreement (UAFTA) upon compliance with all applicable requirements.
The importation of the merchandise discussed in this ruling is subject to requirements administered by the following U.S. Department of Agriculture agencies, which may be contacted for further information:
USDA
FSIS
Technical Service Center
Suite 300, Landmark Center
1299 Farnam Street
Omaha, NE 68102
Tel. (402) 344-5000
Website: www.fsis.usda.gov
USDA
APHIS, VS
National Center for Import and Export
4700 River Road, Unit 40
Riverdale, MD 20737
Tel. (301) 734-3277
Website: www.aphis.usda.gov
The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.
In this instance, your letter states that “the product as imported will be palletized frozen blocks of meat,” but it does not indicate how the blocks will be secured, whether they will have an outer wrapper, etc. Generally, assuming the entire palletized units will reach the ultimate purchaser of the mutton in its imported form, it would be necessary to mark the exterior of said units with the meat’s country of origin, in accordance with the above statute and in a manner acceptable to CBP officials at the port of entry. This might include, for example, tagging of straps, printing or labeling of exterior wrappers, etc., as appropriate. If the palletized units will be broken down into smaller units before reaching the ultimate purchaser, similar marking of the smaller units would be required. Specific questions or concerns may be discussed with CBP officials at the port of entry.
It is also suggested that you check with the USDA’s Agricultural Marketing Service (AMS) to determine whether that agency’s Mandatory Country of Origin Labeling (COOL) requirements will apply following importation. Contact information for AMS is as follows:
USDA-AMS-LS-SAT
Room 2607-S, Stop 0254
1400 Independence Avenue, SW
Washington, DC 20250-0254
Tel. (202) 720-4486
Website: www.ams.usda.gov/COOL
Email address for inquiries: [email protected]
Although your request for this ruling also asked us to address the classification of certain palletized blocks of boneless beef, we need additional information to make our determination on that merchandise. Using three dimensions, please provide the anticipated approximate size range (from smallest to largest) of the beef chunks that will make up the blocks. (For example, 1½” x 2” x 2” to 2½” x 3” x 4”.) Also, specify exactly how the blocks will be processed after they are imported, and whether they will be defrosted and/or broken down (separated) into their individual chunks, as part of such processing. You may wish to submit a new request for a ruling after that information is available.
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
National Commodity Specialist Division