MAR-2-02:OT:RR:NC:N2:231
Mr. Patrick McGowan
Broadleaf
5600 South Alameda Street
Vernon, CA 90058
RE: The tariff classification and status under the United States-Australia Free Trade Agreement (UAFTA) of Frozen Water Buffalo Meat from Australia
Dear Mr. McGowan:
In your letter dated June 8, 2017 you requested a ruling on the status of Water Buffalo Meat from Australia under the UAFTA. In response to an inquiry by this office, you also forwarded some additional information on the product as well as pictorial representations of the intended import, which was received here on July 7, 2017.
You state that the Frozen Water Buffalo Meat originates from animals reared and slaughtered wholly in Australia. The product is processed into boneless primal or major cuts and trimmings. The major cuts and bulk trimmings will be imported to the United States for further processing into steaks, roast and raw ground meat. The submitted pictures indicates that the product “Boneless Buffalo Tenderloin Strapoff” will be imported frozen in vacuum sealed pouches within approximately 45-pound cardboard boxes. The product will be sold and distributed in the United States.
The applicable tariff provision duty for “Boneless Buffalo Tenderloin Strapoff,” if entered under quota will be 0202.30.5045, 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: Loin Cuts. The general rate of duty will be 4.4 cents per kilogram. Please note that proper export certification by the government of Australia is required for in-quota entries of beef from that country. The applicable subheading for the “Boneless Buffalo Tenderloin Strapoff,”if entered outside the quota, will be 0202.30.8000, HTSUS, which provides for meat of bovine animals, frozen: boneless: other. The general rate of duty will be 26.4% ad valorem. Additionally, products classified in subheading 0202.90.8000, HTSUS, will be subject to additional duties based on their value, as described in subheadings 9904.02.01-9904.02.37.
You did not provide information for other cuts of the frozen water buffalo therefore classification was provided only for the item you specified. Also, if packed separately from the frozen buffalo tenderloin strapoff, the bulk trimmings must be classified separately and you did not provide adequate information for that purpose. With regard to the bulk trimmings, please provide a pictorial representation of the product and indicate the chemical lean ( the amount of lean red meat compared to the fat) of the item. When the above information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include a copy of this letter and all pertinent product data.
General Note 28(b), HTSUS, sets forth the criteria for determining whether a good is originating under the UAFTA. General Note 28(b), HTSUS, (19 U.S.C. § 1202) states, in pertinent part, that
For the purposes of this note, subject to the provisions of subdivisions (c), (d), (m) and (n) thereof, a good imported into the customs territory of the United States is eligible for treatment as an originating good of a UAFTA country under the terms of this note only if –
(i) the good is a good wholly obtained or produced entirely in the territory of Australia or of the United States, or both;
(ii) the good was produced entirely in the territory of Australia or of the United States, or both, and—
(A) each of the nonoriginating materials used in the production of the good undergoes an applicable change in tariff classification specified in subdivision (n) of this note;
(B) the good otherwise satisfies any applicable regional value content requirement referred to in subdivision (n) of this note; or
(C) the good meets any other requirements specified in subdivision (n) of this note;
and such good satisfies all other applicable requirements of this note;
(iii) the good was produced entirely in the territory of Australia or of the United States, or both, exclusively from materials described in subdivision (b)(i) or (b)(ii) of this note; or
(iv) the good otherwise qualifies as an originating good under this note,
and is imported directly into the customs territory of the United States from the territory of Australia.
Based on the facts provided, the goods described above qualify for UAFTA preferential treatment, because they will meet the requirements of HTSUS General Note 28(b)(i). The goods entered under 0202.30.3000 will therefore be entitled to a free rate of duty under the UAFTA upon compliance with all applicable laws, regulations, and agreements. The goods entered under 0202.30.8000, HTSUS may be entitled to a preferential rate of duty as provided as described in subheadings 9913.02.05-9913.02.30 (AU).
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
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.
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 Ekeng Manczuk at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division