CLA-2-02:RR:NC:2:231 G82353

Mr. John Poole
John A. Steer Company
28 South Second Street
Philadelphia, PA 19106

RE: The tariff classification of frozen, boneless beef from Argentina, Australia, New Zealand, and Uruguay.

Dear Mr. Poole:

In your letter, dated June 5, 2000, you requested a classification ruling on behalf of your client, ASC Meat Imports, Ponte Verde Beach, FL.

The merchandise is comprised of frozen beef that has been mechanically deboned. During the manufacturing process, meat adhering to animal bones, after the primary cuts have been excised, is mechanically removed from the bones. The pieces of meat that are removed are frozen, packed, and shipped.

The applicable subheading for frozen, boneless beef, if entered under quota, will be 0202.30.3000, Harmonized Tariff Schedule of the United States (HTS), 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, processed, other. The rate of duty will be 10 percent ad valorem.

If entered after the tariff rate quota quantities listed in additional U.S. note 3 have been reached or exceeded, the frozen, boneless beef will be classified in subheading 0202.30.8000, HTS, which provides for meat of bovine animals, frozen, boneless, other. The rate of duty will be 26.4 percent ad valorem. In addition, products classified in subheading 0202.30.8000, HTS, are subject to additional safeguard duties based on their value, as described in subheadings 9904.02.019904.02.37, HTS.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 Thomas Brady at 212-637-7064.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division