CLA-2-16:OT:RR:NC:N2:231

Mr. Kevin Rijs
Breadtree LLC
P. O. Box 1486
Burlington, NJ 08016

RE: The tariff classification of Frozen Beef Pies from Australia.

Dear Mr. Rijs:

In your letter dated July 21, 2017 you requested a tariff classification ruling.

The merchandise under consideration is Frozen Beef Pies with cheese and vegemite. The items are frozen, fully-cooked round beef pies (“New Limited Edition Four’N Twenty Beef, Cheese and Vegemite Pies”), each consisting of a short crust pastry base and puff pastry top, filled with a mixture of cooked ground beef, cheese and vegemite. The listed ingredients are water, wheat flour, beef, hydrogenated margarine, hydrogenated shortening, fractioned palm oil, hydrolysed vegetable protein, canola oil, salt, sugar, herb and spice extracts, onions, carrots, processed cheese, vegemite breakfast spread yeast extract, textured soy protein meal, rice flour, dehydrated yeast, bread crumb wheat flour, mono and diglycerides of fatty acids, soy lecithin, citric acids, sodium citrate, sodium polyphosphate, sodium bicarbonate, sodium stearoyl lactate, hydroxypropyl distarch phosphate, tocopherol, carotene flavoring, thickener acetylated distarch adipate, calcium phosphate, l-cysteine, guar gum, caramel I, caramel III, niacin, thiamine, riboflavin, folate and flavors. The ground beef is said to comprise of approximately 21.5% by weight of the overall product. The products will be supplied in 8 packs of 4 pies wrapped for retail sale per carton.

The applicable subheading for the above-described Frozen Beef Pies with cheese and vegemite will be 1602.50.9020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other prepared or preserved meat, meat offal or blood: of bovine animals: other: other: prepared meals. The general rate of duty will be 2.5% 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 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

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