CLA-2 CO:R:C:G 084953 JGH
Mr. Richard Schroeter
            Acting Assistant Administrator, ITP
            Foreign Agricultural Service
            U.S. Department of Agriculture
            Washington, D.C. 20250
            RE: Classification of Prosciutto, (Parma Ham) from Italy.
            Dear Mr. Schroeter:
                 This is in reference to your memorandum of June 23, 1989,
            concerning the classification, under the Harmonized Tariff
            Schedule of the United States (HTSUS), of Prosciutto or Parma
            Ham from Italy.
            FACTS:
                 Prosciutto or Parma Ham is a cured, dried ham considered
            less salty and milder than other hams.  It is regularly eaten
            without being cooked, although in the United States it is often
            heated.  The imported ham is required to be aged for a period
            of 400 days, and the curing process produces a product of 35
            percent less weight and considerably less size; in fact, a ham
            with a thickness of 2 inches is often desired.  In the
            processing, the hams are rubbed with a curing mixture.
            Prosciutti hams are produced either with the bone in or
            removed.
            ISSUE:
                 Classification of Prosciutto under the HTSUS.
            LAW AND ANALYSIS:
                Classification under the HTSUS is governed by the General
            Rules of Interpretation (GRI's). GRI 1 provides that
            classification is first determined in accordance with the
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            headings and any relative Section and Chapter notes.  Heading
            0210 covers meat and edible meat offal, salted, in brine, dried
            or smoked.  Subheading 0210.11 applies to the meat of swine:
            Hams, shoulders, and cuts thereof, with bone in.  Subheading
            0210.19.000 applies to hams with the bone removed.  Chapter 16,
            HTSUS, covers hams which have been prepared or preserved.  The
            Explanatory Notes to Chapter 16 state that the prepared or
            preserved meats covered in that chapter are those which have
            been boiled, steamed, grilled, fried, roasted or otherwise
            cooked --in other words, meat prepared in ways other than the
            methods prescribed in Chapter 2.
                 The Explanatory Notes to the Combined Nomenclature of
            European Communities states that subheading 0210.11 covers hams
            and shoulders, with the bone in, of domestic swine, preserved
            by a drying or smoking process, even if these methods of
            preservation are combined with a prior salting or pickling
            treatment.  This is particularly so in the case of hams which
            have been salted before being partially dehydrated, whether in
            the open air (hams of Parma or Bayonne types) or by smoking
            (hams of the Ardennes type).
                 Presidential Proclamation No. 5759, dated December 29,
            1987, assessed a duty of 100 percent ad valorem on certain
            products of the European Community, including pork hams.
            However, effective July 28, 1989, the increased duty on these
            hams was suspended.  Federal Register, Vol 34, No. 144, dated
            Friday, July 28, 1989.
            HOLDING:
                 Hams which have been processed in the manner described
            above, with the bone in, are classifiable under the provision
            for meat, salted in brine, dried or smoked: meat of swine:
            Hams, shoulders and cuts thereof, with bone in, in subheading
            0210.11.0000, HTSUS. The rate of duty is 2.2 cents per kg.
                 Hams processed in the manner described above, with the
            bone removed, are classifiable under the provision for other
            meat of swine in subheading 0210.19.0000, HTSUS. The rate of
            duty is 2.2 cents per kg.
                                        Sincerely,
John Durant, Director
                                        Commercial Rulings Division