June 28, 2006 CBP Bulletin Notices on Beef Jerky and Certain Base Metal Medallions/Medals
In the June 28, 2006 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 40, No. 27), CBP issued notices: (a) revoking two classification rulings on beef jerky, and (b) modifying or revoking five classification rulings on certain base metal medallions and medals. CBP states that it is also revoking any treatment it has previously accorded to substantially identical transactions.
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According to CBP, these revocations and modification are effective for merchandise entered or withdrawn from warehouse for consumption on or after August 27, 2006. CBP also states that these notices cover any rulings on the subject merchandise that may exist but have not been specifically identified.
Revocation or Modification of Seven Classification Rulings
Beef jerky. At issue are different types of beef jerky including teriyaki, old fashioned, peppered, Mexican brand, etc. In general, the beef jerky is sliced, cooked, and seasoned beef that is packaged in bulk for further processing. Ingredients include sliced beef, water, brown sugar/sugar, salt, etc. (See CBP's notice for further description of the different types of beef jerky at issue.)
CBP is issuing HQ 968047 and HQ 968048 in order to revoke NY I84087 and NY I84133, respectively, and reclassify the subject merchandise under HTS 1602.50.0900 as "Other prepared or preserved meat, meat offal or blood: of bovine animals: other: not containing cereals or vegetables: cured or pickled;" rather than under 1602.50.2040 as "Other prepared or preserved meat, etc: of bovine animals: other: not containing cereals or vegetables: other: in airtight containers, etc."
CBP finds that the beef jerky is prepared or preserved by the addition of salt, sugar or other sweeteners, a mixture of additional preservative ingredients including sodium nitrate, seasonings and smoking. As such, the beef jerky is other prepared or preserved meat, as provided for in HTS heading 1602.
HTS heading 1602 is divided into six subheadings. Among other things, CBP states that the beef jerky has been cured through the addition of salt, sugar, sodium nitrate, refrigeration, smoking and drying. In addition, certain processes cumulatively reduce the moisture content of the beef jerky to a point at which it becomes shelf-stable. Accordingly, CBP finds that the subject beef jerky is classified in HTS 1602.50.0900, as cured or pickled meat.
new: HTS 1602.50.0900, 4.5%; previous: 1602.50.2040, 1.4%.
(See ITT's Online Archives or 03/28/06 news, 06032840, for BP summary of the proposed rulings on beef jerky.)
Certain base metal medallions and medals. At issue are certain commemorative metal medallions and metals, including the "First Man in Space Medals," a pewter medallion stamped with the logo "Inukshuk," a September 11th Flight 93 commemorative medallion, sports medallions, and pocket medallions. (See CBP's notice for further description of each of the individual items at issue.)
CBP is issuing the following rulings in order to modify or revoke previous rulings on subject merchandise:
| Ruling | Revokes (R) or Modifies (M) |
|---|---|
| HQ 968022 | HQ 951290 (R) |
| HQ 968146 | NY 891591 (M) and NY E84976 (R) |
| HQ 968147 | NY A81489 (R) |
| HQ 968148 | NY J86623 (R) |
In each case, CBP is classifying the medallions/metals under HTS 8306.29.0000, as "statuettes and other ornaments, and parts thereof: other." These items were previously classified in HTS 7616.99.5090, 8007.00.5000, 7419.99.5050, and 7907.90.6000, which provide for, in pertinent part, other articles of aluminum, tin, copper, or zinc, respectively.
Among other things, Explanatory Note (EN) 83.06(B), clarifies that the HTS 8306 group comprises a wide range of ornaments of base metal (whether or not incorporating subsidiary non-metallic parts) of a kind designed essentially for decoration, e.g., in homes, offices, assembly rooms, places of worship, gardens.
EN 83.06(B) further explains that the HTS 8306 group covers articles which have no utility value but are wholly ornamental, and articles whose only usefulness is to contain or support other decorative articles or to add to their decorative effect, for example: sporting or art trophies (cups, etc.); wall ornaments incorporating fittings for hanging (plaques, trays, plates, medallions other than those for personal adornment), etc.
Moreover, CBP finds that the subject medallions are described with greater specificity in HTS heading 8306 than in HTS headings 7419, 7616, 7907, and 8007, because the medals are designed essentially for decoration, are wholly ornamental and have no utility value. Accordingly, CBP finds that the subject medallions are classified under HTS 8306.
new: HTS 8306.29.0000, duty-free; previous: 7616.99.5090, 2.5%; 7419.99.5050, duty-free; 7907.90.6000, 3%; and 8007.00.5000, 2.8%
(See ITT's Online Archives or 05/03/06 news, 06050355, for BP summary of the proposed rulings on the subject medals/medallions.)
June 28, 2006 CBP Bulletin (Vol. 40, No. 27) available athttp://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2006/vol40_06282006_no27/