CLA-2-16:OT:RR:NC:N2:231
Mr. Tim D. Arndt
Link Snacks, Inc.
One Snack Food Lane
Minong, Wisconsin 54859
RE: The tariff classification of uncured beef jerky from New Zealand.
Dear Mr. Arndt:
In your letter dated October 17, 2014, you requested a tariff classification ruling.
The goods in question are two versions of “uncured beef jerky:” original and peppered. The ingredients of the “uncured original beef jerky” are stated to be: beef, water, sugar, less than 2% sea salt, corn syrup solids, dried soy sauce (soybeans, salt, wheat), hydrolyzed corn and soy protein, maltodextrin, flavoring, and lemon juice powder (maltodextrin, lemon juice). The ingredients of the “uncured peppered beef jerky” are said to be: beef, water, sugar, less than 2% sea salt, black pepper, maltodextrin, dried soy sauce (soybeans, salt, wheat), flavoring, hydrolyzed corn protein, lemon juice powder (maltodextrin, lemon juice), and paprika extract.
You have provided the following description of the process used to produce both versions of the jerky:
During the manufacturing process, fat is removed from fresh meat and the meat is sliced. After slicing, the meat is taken to a tumbling area where water and seasoning are added. The meat is tumbled for 20 minutes and placed in a marinating cooler for a period of one day (for flavor and color development). Then meat is placed in an oven for cooking and smoking. The meat is atomized with natural wood smoke flavor for 15 minutes. The product is cooked for six hours until an internal temperature of 155° Fahrenheit is reached. It is then cooked at smokehouse temperature (180° Fahrenheit) until a moisture range of 22-24 percent is achieved. The meat is cooled at room temperature and packed in plastic totes. The totes are taken to the packaging room where the product is placed in plastic bags that are sealed and an oxygen scavenger is added. The products are imported in corrugated cartons (in bulk) for further processing.
You have emphasized that, unlike cured beef jerky, the subject products have not been prepared with, and do not contain, any added sodium nitrite or sodium nitrate curing solution.
If imported in airtight containers holding 1 kg or more of product, the applicable subheading for the above-described “uncured beef jerky” (both “original” and “peppered”) will be 1602.50.2040, 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: in airtight containers: other: other. The rate of duty will be 1.4 percent ad valorem. (If the airtight containers hold less than 1 kg of product, the above subheading’s statistical suffix will be “20” instead of “40”.)
If imported not in airtight containers, the applicable subheading for the above-described “uncured beef jerky” (both “original” and “peppered”) will be 1602.50.6000, 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 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/.
Importations of this merchandise are subject to regulations administered by the agencies indicated below. You may direct any requests for information regarding their applicable requirements to the following locations:
USDA
APHIS, VS, NCIE
Products Program
4700 River Road, Unit 40
Riverdale, MD 20737-1231
Tel: (301) 851-3300
Email: [email protected]
Food Safety & Inspection Service (FSIS)
U.S. Department of Agriculture
Washington, D.C. 20250-3700
Tel.: 1-888-MPHotline or (202) 720-6240
Email: [email protected]
Website: www.fsis.usda.gov
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 the email address [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division