CLA-2-02:OT:RR:NC:N2:231

Ms. Leanne Liu
Team International Trading, Inc.
6618 Walker Road
Marlette, MI 48453

RE: The tariff classification of frozen pigeon meat from China.

Dear Ms. Liu:

In your letter dated November 30, 2012, you requested a tariff classification ruling.

You describe the goods in question as whole pigeons (Columba livia domestica), gutted and defeathered, for human consumption. They will be imported in frozen condition, individually vacuum packed.

The applicable subheading for the frozen pigeons will be 0208.90.9100, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other meat and edible meat offal, fresh, chilled or frozen: other: other. The rate of duty will be 6.4% 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 http://www.usitc.gov/tata/hts/.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

This merchandise may be subject to restrictions and/or requirements administered by various other U.S. agencies. It is suggested that you contact the following for information prior to importing this merchandise:

Food and Drug Administration (FDA) 10903 New Hampshire Ave. Silver Spring, MD 20993 Tel.: (888) 463-6332 Website: www.fda.gov/aboutFDA/contactFDA

U.S. Department of Agriculture (USDA) APHIS, VS, NCIE Products Program 4700 River Road, Unit 40 Riverdale, MD 20737-1231 Tel: (301) 734-3277 Website: www.aphis.usda.gov

USDA FSIS Technical Service Center Suite 300, Landmark Center 1299 Farnam Street Omaha, NE 68102 Tel. (888) 287-7194 or (402) 344-5000 Website: www.fsis.usda.gov E-mail address: permits@fsis.usda.gov

U.S. Fish and Wildlife Service Office of Law Enforcement Telephone: (703) 358-1949 Fax: (703) 358-2271 E-mail: lawenforcement@fws.gov

This merchandise is also 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 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 Nathan Rosenstein at (646) 733-3030.

Sincerely,

Thomas J. Russo
Director
National Commodity Specialist Division