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

Mr. Juan Rodriguez
ROD International CHB Services, LLC
10330 Pioneer Boulevard
Santa Fe Springs, CA 90670

RE: The tariff classification of Beef Jerky from New Zealand

Dear Mr. Rodriguez:

In your letter dated June 8, 2020, you requested a tariff classification ruling on behalf of Old Trapper Smoked Products, Inc. (Forest Grove, OR).

The subject merchandise under review is three versions of Beef Jerky: Original, Peppered and Spicy. The ingredients for each product are listed as follows:

Original Beef Jerky: beef, soy sauce, hydrolyzed corn protein, flavorings, beef protein, and apple cider vinegar.

Peppered Beef Jerky: beef, soy sauce, black pepper, hydrolyzed corn protein, flavorings, beef protein, and apple cider vinegar.

Spicy Beef Jerky: beef, soy sauce, chilli flakes, hydrolyzed corn protein, flavorings, beef protein, and apple cider vinegar.

You have stated that, unlike cured beef jerky, the subject products have not been prepared with, and do not contain, any added sodium nitrite or sodium nitrate curing solution. Per the manufacturing process you submitted, sliced beef is placed into a tumbler along with a marinade composed of seasonings and set to tumble allowing the marinade to absorb into the meat. Once complete, the product is chilled then placed in a smoke generator oven where it cooks for 3-4 hours with the temperature gradually increasing from 50C until it reaches 71C at which point the cooking process is allowed continuously at the latter temperature for a minute to achieve commercial sterilization. Once the product is moved to the production room, it is diced and stored in lined plastic totes then kept overnight at room temperature, before it is packed into bulk plastic bags with each bag weighing approximately 2 kilograms. The bags are vacuum-sealed with an oxygen scavenger then placed into lined cardboard totes.

The applicable subheading for the above-described Beef Jerky ("original", "peppered" and "spice") will be 1602.50.2140, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: "Other prepared or preserved meat, meat offal or blood: Of bovine animals: Other: Not containing cereals or vegetables: Other: In airtight containers: Other: Other." The rate of duty will be 1.4 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 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 ekeng.b.manczuk@cbp.dhs.gov.

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division