Mr. Davis B. Lee, Jr.
AlaTrade International LLC
725 Blount Avenue
Guntersville, AL 35976
RE: The tariff classification of frozen, marinated chicken portions.
Dear Mr. Lee:
In your letter dated December 7, 2006, you requested a tariff classification ruling on behalf of your client, Cyan Foods International (Pty) Ltd. (Pretoria, South Africa).
The goods in question are uncooked broiler chickens (poultry of the species Gallus domesticus), cut into portions (either bone-in or further processed into boneless portions), injected or tumbled with up to 35% of a solution (marinade) consisting of chicken broth, sodium phosphate, carrageenan, water and salt. The portions are then individually frozen, then subjected to a water bath glaze to protect the product from freezer burn. The portions are then either packed separately or in mixed portions into bags, with the bags then packed in master cartons.
We note your client’s suggestion that the above-described merchandise is classifiable in subheading 1602.32.00, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “other prepared or preserved meat, meat offal or blood: of poultry of heading 0105: of chickens.” However, U.S. Customs and Border Protection has taken the position that meat products of the kind you describe are within the scope of chapter 2 rather than chapter 16, HTSUS. We believe that although the marinade may enhance somewhat the natural properties of the product, it does not affect its essential character and use as uncooked frozen chicken.
Accordingly, the applicable subheading for the frozen, marinated chicken portions will be 0207.14.0040, HTSUS, which provides for meat and edible offal, of the poultry of heading 0105, fresh, chilled or frozen: of chickens: cuts and offal, frozen, other than livers.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
If you have any questions regarding the ruling, contact National Import Specialist Nathan Rosenstein at 646-733-3030.
Robert B. Swierupski