CLA-2-21:OT:RR:NC:N2:228

Mr. Bob Kerr
Quorn Foods
Station Road, Stokesley
North Yorkshire, TS9 7AB
Great Britain

RE: The tariff classification of imitation meat products from the United Kingdom

Dear Mr. Kerr:

In your letter dated August 16, 2012, you requested a tariff classification ruling. You provided a copy of the product label and a breakdown of component materials by weight.

The subject products are meat-free items made from mycoprotein, a dough-like material collected by growing plants of the fungus, Fusarium venenatum. Quorn™ Krab Pieces, Italian Bites and Buffalo Style Bites consist primarily of mycoprotein (49.1 - 91.5%), water and albumen. Quorn™ Fish-less Sticks consist predominantly of rice flakes (69.8%), mycoprotein (16.9%), water and albumen. Other ingredients depending on the product are krab flavor, fish style flavor, methocel, pectin, chicken style flavor, predust, batter, buffalo marinade, bread crumbs, Italian marinade and oil. The products will be imported in frozen condition, bulk packed in polyethylene bags.

The applicable subheading for the Quorn™ Krab Pieces, Italian Bites and Buffalo Bites will be 2106.90.9995, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or included…other…other…other…frozen. The rate of duty will be 6.4 percent, ad valorem.

The applicable subheading for the Quorn™ Fish-less Sticks will be 1904.90.0120, HTSUS, which provides for cereals (other than corn (maize)) in grain form or in the form of flakes or other worked grains (except flour, groats and meal), pre-cooked or otherwise prepared, not elsewhere specified or included…other…frozen. The rate of duty will be 14 percent, 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/.

Your inquiry does not provide enough information for us to give a classification ruling on Quorn™ Jalapeno Stuffed Chik’n Cutlets. Your request for a classification ruling should provide a complete ingredients breakdown for the cheese products (cream cheese, mature cheese and mozzarella). We require the percentage of milk solids. When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you.

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 Bruce N. Hadley, Jr. at (646) 733-3029.

Sincerely,

Thomas J. Russo
Director
National Commodity Specialist Division