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

Mr. John Fisher
Outdoorfood Ltd
Pymore Mill
Pymore, Bridport DT6 5PJ
Great Britain

RE: The tariff classification of Prepared Pork and Beef Meals from the United Kingdom

Dear Mr. Fisher:

In your letter dated October 14, 2020, you requested a tariff classification ruling.

There are five Firepot® brand products under review as follows:

Spicy Pork Noodles is composed of minced pork (24.87 percent), broccoli, rice noodles, onions, cabbage, garlic, fresh chilies, fresh ginger, dried coriander, soy sauce, spring onions, honey, rapeseed oil, lime juice, sesame oil and fish sauce. The product will be packed in a pouch with a net weight of 160 grams and packed 40 pouches per carton.

Posh Pork and Beans is composed of minced pork (26.77 percent), potatoes, haricot beans, onions, tomato ketchup, black treacle, borlotti beans, adzuki beans, tomato puree, garlic, Tabasco® pepper sauce, fresh ginger, rapeseed oil, mustard powder, salt, bay leaves, cloves, and black pepper. The product will be packed in a pouch with a net weight of 200 grams and packed 80 pouches per carton.

Chilli con Carne with Rice is composed of minced beef (27.17 percent), canned tomatoes, basmati rice, onions, red kidney beans, red pepper, garlic, fresh chilies, tomato puree, rapeseed oil, dried ancho chili, beef stock concentrate, red wine vinegar, salt, cumin seed, cumin powder, dried chipotle chili, paprika, bay leaves, cinnamon and chili powder. The product will be packed in a pouch with a net weight of 200 grams and packed 80 pouches per carton.

Beef Stew with Pearl Barley is composed of minced beef (28.88 percent), potatoes, celeriac, carrot, onions, celery, pearl barley, olive oil, beef stock concentrate, salt, cracked pepper, black treacle, cider vinegar, tamarind concentrate and thyme. The product will be packed in a pouch with a net weight of 165 grams and packed 40 pouches per carton.

Orzo Pasta Bolognese is composed of minced beef (29.84 percent), orzo pasta, canned tomatoes, onions, garlic, tomato puree, olive oil, salt, beef stock concentrate, bay leaves, dried oregano, cracked pepper and star anise. The product will be packed in a pouch with a net weight of 200 grams and packed 80 pouches per carton.

You have stated that the meals are fully cooked in at a temperature above 120F for at least one hour before being transferred to a computer-controlled dehydrator at a temperature above 155F for at least 12 hours. The dried meal is then packed into a food-grade high-oxygen and high-moisture barrier Mylar pouch that is then heat-sealed with the addition of an oxygen scavenger sachet to create an oxygen free environment. The products have a three-year shelf life in ambient storage. The products will be sold to U.S.-based distributors for sale to retailers of outdoor related merchandise since the meals are primarily used for outdoor pursuits, for example hiking, climbing, camping, etc.

The applicable subheading for the Spicy Pork Noodles and Posh Pork and Beans will be 1602.49.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: “Other prepared or preserved meat, meat offal or blood: Of swine: Other, including mixtures: Other: Other.” The rate of duty will be 6.4 percent ad valorem.

The applicable subheading for the Chilli con Carne with Rice, Beef Stew with Pearl Barley and Orzo Pasta Bolognese will be 1602.50.9020, 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 percent 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 the World Wide Web at https://hts.usitc.gov/current.

This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling the FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

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