CLA-2-02:OT:RR:E:NC:N4:231
Mr. Franklin De La Torre
Anzco Foods NA
666 Dundee Road
Suite 1605
Northbrook, IL 60062
RE: The tariff classification of Frozen Beef from New Zealand
Dear Mr. De La Torre:
In your letter dated April 1, 2016, you requested a tariff classification ruling.
You describe the goods in question as various different cuts of frozen beef: bone-in rib eye steaks, and boneless tenderloin, rib eye roll, striploin steaks (approximately 0.60 lbs to 0.80 lbs each). You have stated that some unspecified cuts of steaks will be placed 20 per carton and individually vacuum packed while the rest will be layered in boxes with plastic sheets separating the various cuts. The goods will be obtained from either grass fed or grain fed cattle.
The applicable subheading for the above-described frozen bone-in rib eye, if entered under quota, will be 0202.20.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for meat of bovine animals, frozen: Other cuts with bone-in: described in additional U.S. note 3 to chapter 2 and entered pursuant to its provisions: other. The rate of duty will be 4.4 cents per kilogram. New Zealand export certification is required for in-quota entry under this provision. The applicable subheading for the frozen bone-in rib eye, if entered outside the quota, will be 0202.20.8000, 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 9904.02.01—9904.02.37.
The applicable subheading for the above-described frozen boneless beef tenderloin, rib eye roll and striploin, if entered under quota, will be 0202.30.5090, Harmonized Tariff Schedule of the United States (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. The rate of duty will be 4.4 cents per kilogram. New Zealand export certification is required for in-quota entry under this provision. The applicable subheading for the frozen boneless beef tenderloin, rib eye roll and striploin, 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 9904.02.01—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 https://hts.usitc.gov/current.
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
In your letter, you requested a Coumtry of Origin determination on the product. You did not submit a photographic representation to assist with the process. However, please note that when the item is imported into the United States, the product label and all information delivered on it must be written in the English language according to Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304) which provides in general that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (CFR Part 134). Additionally, please refer to Title 21 CFR, subchapter B for the Food & Drug Administration Food Labeling Guidance & Regulatory Information.
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 [email protected].
Sincerely,
Deborah C. Marinucci
Acting Director
National Commodity Specialist Division