WEBVTT

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>> CHRISSI GUTH: Good afternoon.
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Today's webinar is on meat products on
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Chapter 2 and 16. This webinar is a part
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of the NCSD2023 webinar series. You will
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be on mute during the presentation. We
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ask that you submit questions you have
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in the chat feature. If you plan to
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request the optional CCS or CES credits
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through the educational institute,
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please check the chat box for the
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completion code. Now I would like to
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pass it over to national import
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specialist, Ekeng Manczuk.
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>> EKENG MANCZUK: Good afternoon,
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everybody, good morning, wherever you
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are. My name is Ekeng Manczuk, known
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throughout customs as Ebbe. Today we're
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going to delve into a topic, where is
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the beef? I think I just age myself.
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We're doing meat products of Chapter 2
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and 16. I hope you can hear me out there
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in the webinar world.
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We'll go through here our mission. We
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all know this as customs employees, but
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this is good to send out to those who
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are not part of our customs family.
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We're the guardians of our nation's
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borders. We are America's front line. We
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safeguard the American homeland and
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protect the public against terrorists
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and steadfastly enforce the laws of the
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United States while fostering our
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nation's economic security through
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lawful international trade and travel.
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We serve the American public with
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vigilance, integrity, and
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professionalism. Here is a disclaimer.
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This does not replace a binding ruling.
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This is for information purposes, if you
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have questions or need further
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information about what we're talking
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about today -- you can use this as
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guidance, but if you need concrete
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answers, please submit a binding ruling
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through the proper channels.
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Where's the beef? It looks so good.
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It's lunchtime. I'm hungry. Exclusions.
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I often like to start my webinar by
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saying what does not belong in a
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chapter. This chapter in particular,
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Chapter 2, does not cover products
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described in 02.01, 08, or 10. Those
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articles would be classified in heading
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0511 which specifically addresses
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products of animal origin that are
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unsuitable or unfit for human
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consumption. Edible non-living insects
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of heading 0410. That just got placed
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into this current HTS. I had would work
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with the WCO, their attorneys to work on
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arriving at a crafted heading to address
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insects that are edible and non edible.
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This heading does not cover guts,
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bladders, or stomachs or animal blood
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covered in heading 0511 and also in
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3002. 3002, I believe, is handled by
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NIS. This does not cover animal fat,
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covered in heading 0209. I will address
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that later. At present, we're still
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working on how much fat can adhere to
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meat for it to be classified in Chapter
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2 and how much fat and less meat would
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allow the product to remain in 1502.
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That's when we talk about the chemical
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lean of a product. That's the ratio of
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meat to fat or fat to meat, which at
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this point is a topic that is sort of
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winding down through the HSC committee.
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Something we're going to address later
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on at the end of this webinar. These are
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the exclusions. Exclusions are just as
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important as inclusions, so I always like to start with those.
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Let's move on. Major meats and poultry
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products are covered under the purview
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of the USDA and FSIS. FSIS is the food
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safety and inspection service and
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they're responsible for ensuring that
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meat, poultry, and egg products are
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safe, properly labelled and packaged for
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importation into the United States. FDA
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is responsible for other types of red
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meats such as bison, rabbit, pretty much
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game meat, deer, wild birds, things that
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we wouldn't consider your average, every
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day meat that you buy at the store.
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USDA covers beef, veal, mutton, goat,
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lamb, turkey, duck, chicken, geese, et
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cetera. While FDA, on the other hand, is
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responsible for the other types of meat
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that you hunt. Not your usual run of the
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mill. Just for requirement sake you need
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to know the difference. These meat
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products cannot be imported inn
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discriminately from anywhere. You can't
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just pack up meat and bring it into the
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country. You must be on the USDA/FSIS
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eligible country and product list.
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These meat products must be
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accompanied by the foreign government
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inspection certificate which has to
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match the invoice. FSIS examines the
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certificate and determine if that
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product is admissible. We can offer a
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conditional release on a product until
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the final determination by FSIS.
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However, we will flow with what they
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say.
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Most meat items, beef items of Chapter
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2 are subject to the TRQ under
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additional note three. And for certain
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countries such, those goods are entered
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into our importer requirement and
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require a valid foreign government
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export certificate. 35 countries are
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eligible to export meat, poultry, or egg
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products into the United States. And
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each country, when you go on the website
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you can see the list of countries and
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you must click on each link to get a
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detailed listing of the allowed foreign
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establishment. If you get an invoice and
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you see a certain establishment, in
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order for you to know if that
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establishment is an approved
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establishment, meaning the way they
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conduct business at their slaughter
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house, the level of hygiene and
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cleanliness, et cetera, meets American
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standards, you have to click on that
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link.
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These are the products that are
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allowed. Beef, veal, as you can see,
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poultry, chicken, turkey, duck, goose,
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Guinea, Squab and these are the egg
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products allowed. A certified
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establishment is an establishment that
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the country's central competent
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authority, their equivalent of FSIS,
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USDA, et cetera, certifies as meeting
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the requirement of the inspection system
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that that of the USDA, that their level
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of inspection system is of equivalence
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to that of the United States which
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allows them to be eligible to export
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meat, poultry, and egg products into the
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United States.
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That's the link if you want to write
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it down. If you need me to text it to
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you -- text -- [Laughing]. I can email
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it out if someone emails me and says
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they need that information.
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So this is an excerpt to show you guys
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what that looks like.
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It gives you the processing, the
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country, what they can bring in. As you
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can see, Argentina is allowed to bring
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in beef. Australia can be raw and
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processed, they can also bring lamb and
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ostrich and so on and so forth. If you
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go onto the website, you can see this
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same information and then click, for
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instance, on Argentina and it will list
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out all of the establishments that are
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permitted to bring products into the
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United States.
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FSIS terms defined, raw, raw and
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processed, we'll let you know what that
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means. Raw product that's not intact
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means it has been cut in different
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chunks and different various cuts of
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beef, processed, non intact meaning no
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longer together. Raw product intact,
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FSIS considers those products to be
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intact unless they've undergone
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processes associated with non intact
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process category. If it's in its whole
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form, then it's intact. The types of
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eggs and egg products under the
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categories here apply to dried,
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pasteurized and unpasteurized egg
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products. If anyone these this cuts of
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beef, let me know. Maybe about four or 5
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years ago, I got a request from the 44F
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committee about creating specific sub
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headings for specific types of cuts. We
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never had that before. It was always
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whole, half carcass, in bone, very
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generalized. All of the sudden I got a
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request saying we want to be able to
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account for statistically data wise the
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types of cuts that are coming in.
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That was created in the last HTS.
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And so we're able to see where flanks
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get classified, where chucks get
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classified. This helps you get an
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understanding. Because when we go to the
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supermarket, they're already wrapped up.
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You don't know where they cut it from
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unless you grew up in a farming
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community. If you ever need this, let me
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know and I will send it to you so you
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can see where all of those cuts are
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derived from on a whole cattle.
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No pun intended, dissecting Chapter 2.
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Chapter 2 applies to meat in carcasses,
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animal bodies with or without the head.
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Half carcasses, quarters and pieces.
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All of the products that enter into
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Chapter 2 are all animals except fish
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and aquatic invertebrates. Those are in
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Chapter 3. If you want a webinar on that
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again, let me know. I can make that
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available later on.
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These are all products of animal
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origin. And they have to be suitable for
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human consumption. Otherwise it's going
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to be in Chapter 5.
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Chapter 2 includes meat, meat off al,
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flours and meals of meet or meet offal
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that are for human consumption. Flours
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and meals of meat and offal that are not
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for human consumption will be found in
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Chapter 23. used for animal feed
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products.
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So if it's for human consumption, this stays in two, if it's not for human consumption you're either looking at Chapter 5 or Chapter 23.
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Offal, generally they're just the
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inferior cuts from the head, feet,
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liver, tails, all of the useless parts
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-- [Laughing] -- I call them. They're
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not useless, just stuff that are
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inferior cuts from those parts of the
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animal. If you want to learn more about
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that, you can see general EN for Chapter
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2. There's an extensive listing on how
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to classify. I will touch on it, but
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it's always good to read for yourself.
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But we'll touch on it further in.
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These are offals that are unsuitable
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for human consumption. Offals are
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generally grouped into four categories.
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One are those mainly used for human
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consumption, heads, tongue, thick skirt,
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thymus gland, and such.
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You have those that are going to be
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used for preparation of pharmaceutical
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products like gal bags, placenta. You
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have those that are for human
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consumption or pharmaceutical products
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and then you have skin which can be used
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for the human consumption or for
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leather. In my culture, we eat cow skin.
00:18:38.616 --> 00:18:38.617

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In my language, we call it
00:18:42.802 --> 00:18:46.330
[indiscernible].
00:18:46.330 --> 00:18:51.395
Let me slightly go back to slide 14,
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give you a little more detail.
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These offals are mainly human
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consumption. They can come in various
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forms, fresh, chilled, frozen, salted,
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in brine, dried or smoked. In all of
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those forms they remain classified in
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Chapter 2 unless it's unfit for human
00:19:21.629 --> 00:19:26.304
consumption in which case it's
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classified in 11. When they're fresh,
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chilled, frozen or preserved, meaning
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preserved in some form of chemicals and
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they're dried. Offals used for human
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consumption or for the preparation of
00:19:55.743 --> 00:19:59.300
pharmaceutical products are classified
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as follows. When preserved for
00:20:06.829 --> 00:20:09.904
pharmaceutical products, for example,
00:20:09.904 --> 00:20:13.926
glycerol, acetone, alcohol,
00:20:13.926 --> 00:20:22.088
formaldehyde, chemicals. They're also
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classified here if they're dried.
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Chapter 2 when suitable for human
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consumption but in heading 0511 when
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unsuitable for human consumption. Offals
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such as skin, which can be for human
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consumption, all other purposes can be
00:20:41.427 --> 00:20:43.843
classified in two.
00:20:43.843 --> 00:20:52.306
Or generally 0511 or in 41 if unfit
00:20:52.306 --> 00:20:54.205
for human consumption. That's where you
00:20:54.205 --> 00:20:58.372
talk about leather now. Guts, bladders
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and stomachs whether or not edible are
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classified in 0504.
00:21:06.272 --> 00:21:10.367
Guts, for instance, can be edible but
00:21:10.367 --> 00:21:13.363
can also be used to make guitar strings
00:21:13.363 --> 00:21:17.085
and various other types of things.
00:21:17.085 --> 00:21:21.120
All right. I failed to mention this at
00:21:21.120 --> 00:21:24.899
the beginning, if you have questions, I
00:21:24.899 --> 00:21:27.895
will respond to them at the end. I don't
00:21:27.895 --> 00:21:31.020
like interrupting myself to answer
00:21:31.020 --> 00:21:33.527
questions. If you have anything, please
00:21:33.527 --> 00:21:37.218
prepare it and I will address it at the
00:21:37.218 --> 00:21:39.809
end.
00:21:39.809 --> 00:21:43.959
Continuing with dissecting Chapter 2.
00:21:43.959 --> 00:21:49.776
Chapter 2 covers meats and meat offals
00:21:49.776 --> 00:21:51.959
in the following state, whether or not
00:21:51.959 --> 00:21:54.632
they've been scalded or similarly
00:21:54.632 --> 00:21:57.934
treated. However, it cannot be cooked.
00:21:57.934 --> 00:22:02.240
You can throw some hot water on it, but
00:22:02.240 --> 00:22:08.398
you cannot steam it or it cannot be
00:22:08.398 --> 00:22:13.026
cooked. Otherwise, it goes into Chapter
00:22:13.026 --> 00:22:16.463
16. Now you're preparing it.
00:22:16.463 --> 00:22:20.030
Sometimes you can use hot water to
00:22:20.030 --> 00:22:23.743
quickly clean the meat off. Sort of like
00:22:23.743 --> 00:22:26.648
maybe a disinfecting method, but it's
00:22:26.648 --> 00:22:30.120
just a quick wash but it's not to cook
00:22:30.120 --> 00:22:30.429
the product.
00:22:30.429 --> 00:22:35.744
If you go beyond just scalding the
00:22:35.744 --> 00:22:41.002
product to clean it or disinfect it, now
00:22:41.002 --> 00:22:44.070
the product switches from Chapter 2 into
00:22:44.070 --> 00:22:48.967
Chapter 16 as a prepared meat as opposed
00:22:48.967 --> 00:22:51.085
to Chapter 2. To be classified in
00:22:51.085 --> 00:22:54.741
Chapter 2, you can be in these various
00:22:54.741 --> 00:23:01.339
forms: Fresh, packed in salt as a
00:23:01.339 --> 00:23:05.434
temporary preservative during transport.
00:23:05.434 --> 00:23:07.962
If you put the salt there to make it
00:23:07.962 --> 00:23:11.771
into some kind of curing or jerk, then
00:23:11.771 --> 00:23:14.713
we're moving beyond two and into Chapter
00:23:14.713 --> 00:23:15.926
16.
00:23:15.926 --> 00:23:20.184
The salt can only be in a form to keep
00:23:20.184 --> 00:23:31.495
it preserved, not to cure or to cook.
00:23:31.495 --> 00:23:36.926
First heading of Chapter 2 is 0201,
00:23:36.926 --> 00:23:40.426
that covers main Leach fresh or chilled
00:23:40.426 --> 00:23:54.812
meats or bovine, cattle, bison, buffalo,
00:23:54.812 --> 00:23:59.375
oxen. Beef is considered meat of cattle,
00:23:59.375 --> 00:24:04.587
steer, bull. 0201 and subsequent
00:24:04.587 --> 00:24:07.652
headings have breakouts for subsequent
00:24:07.652 --> 00:24:16.281
meat as defined in AUSN1. We will touch
00:24:16.281 --> 00:24:16.777
on that further in.
00:24:16.777 --> 00:24:24.528
For the purpose of Chapter 2, ground,
00:24:24.528 --> 00:24:29.588
pulverized, diced, cut into stew meat,
00:24:29.588 --> 00:24:36.528
rolled, or specially processed into
00:24:36.528 --> 00:24:40.404
fancy cuts, special shapes or otherwise
00:24:40.404 --> 00:24:42.746
made ready for particular uses by the
00:24:42.746 --> 00:24:45.836
consumer. This last phrase is open to
00:24:45.836 --> 00:24:51.715
interpretation. C BP has limited it
00:24:51.715 --> 00:24:57.118
largely to portion controlled cuts,
00:24:57.118 --> 00:25:00.087
individual servings. You can write down
00:25:00.087 --> 00:25:03.870
this HQRL number to understand our
00:25:03.870 --> 00:25:07.900
interpretation further.
00:25:07.900 --> 00:25:11.840
Within the breakout for processed
00:25:11.840 --> 00:25:17.030
meats, FSIS has their own definition --
00:25:17.030 --> 00:25:22.524
meats are additional ones for high
00:25:22.524 --> 00:25:28.433
quality beef, defined in AUSN1b.
00:25:28.433 --> 00:25:32.370
Basically, same as the second part of
00:25:32.370 --> 00:25:38.242
processed definition + certified by
00:25:38.242 --> 00:25:44.250
exporting country to meet certain USDA
00:25:44.250 --> 00:25:47.404
certifications, Canada is the only
00:25:47.404 --> 00:25:50.283
country that has an agreement with the
00:25:50.283 --> 00:25:53.340
U.S. for this purpose.
00:25:53.340 --> 00:25:57.844
I showed you the other detailed
00:25:57.844 --> 00:26:01.066
diagram. This is another diagram that
00:26:01.066 --> 00:26:04.936
shows you where you get these various
00:26:04.936 --> 00:26:06.125
cuts from.
00:26:06.125 --> 00:26:13.278
The flank, the shank, round, chuck,
00:26:13.278 --> 00:26:17.811
sirloin, tenderloin, we see them in the
00:26:17.811 --> 00:26:20.400
store wrapped up, but this is where they
00:26:20.400 --> 00:26:21.339
all come from.
00:26:21.339 --> 00:26:25.216
Like I said, before we never had a
00:26:25.216 --> 00:26:28.686
provision for these various cuts and now
00:26:28.686 --> 00:26:31.804
we do. That came through a specific
00:26:31.804 --> 00:26:43.404
request through the 44F committee.
00:26:43.404 --> 00:26:48.148
Additional U.S. note two, in assessing
00:26:48.148 --> 00:26:53.214
the duty on meats, no allowance shall be
00:26:53.214 --> 00:26:56.948
made for normal components there of such
00:26:56.948 --> 00:27:02.528
as bones, fat, hide, or skin. The weight
00:27:02.528 --> 00:27:09.038
includes the entire content of the
00:27:09.038 --> 00:27:09.682
container.
00:27:09.682 --> 00:27:15.936
It's considered in its entirety.
00:27:15.936 --> 00:27:19.717
Additional U.S. note three addresses
00:27:19.717 --> 00:27:26.410
the quota, the aggregate quantity of
00:27:26.410 --> 00:27:33.940
beef entered under sub headings in any
00:27:33.940 --> 00:27:36.720
calendar year. Canada and Mexico have no
00:27:36.720 --> 00:27:42.905
limits. Australia, these are the allowed
00:27:42.905 --> 00:27:49.899
quantities. And other countries share
00:27:49.899 --> 00:27:55.971
the 64,805 limitation. Brazil just began
00:27:55.971 --> 00:28:00.246
exporting to the United States in 2017
00:28:00.246 --> 00:28:02.186
and they use up most of the other
00:28:02.186 --> 00:28:13.908
countries/areas category there of 64,805
00:28:13.908 --> 00:28:15.193
whereas the rest have to try to make
00:28:15.193 --> 00:28:19.871
their way in there.
00:28:19.871 --> 00:28:26.749
Heading 0202 cover is a bovine meats
00:28:26.749 --> 00:28:28.810
that are in frozen condition and it's
00:28:28.810 --> 00:28:37.852
structure when you look, it's the same
00:28:37.852 --> 00:28:40.058
as 0201 and then it progresses into
00:28:40.058 --> 00:28:44.499
whether it's bone in or boneless. 0203
00:28:44.499 --> 00:28:49.563
addresses swine and pigs, whether
00:28:49.563 --> 00:28:55.440
domestic or wild. This includes,
00:28:55.440 --> 00:28:59.123
streaking pork, similar meets
00:28:59.123 --> 00:29:03.066
interlarded with a high proportion of
00:29:03.066 --> 00:29:05.000
fat. This is not addressing chemical
00:29:05.000 --> 00:29:13.477
lean. This is strictly addressing pork.
00:29:13.477 --> 00:29:17.470
Four addresses meats of sheep and
00:29:17.470 --> 00:29:21.415
goat. Sub headings of references to lamb
00:29:21.415 --> 00:29:26.682
denote meat of sheep not over 12 months
00:29:26.682 --> 00:29:29.378
of age. It's important to ask that
00:29:29.378 --> 00:29:30.781
question if you have an invoice that
00:29:30.781 --> 00:29:33.687
does not indicate the age of the meat.
00:29:33.687 --> 00:29:46.192
0205 covers horses. Horses, ass, mules
00:29:46.192 --> 00:29:56.628
or hinnies. Heading 0206 covers edible
00:29:56.628 --> 00:30:01.530
offal of all of the above referenced
00:30:01.530 --> 00:30:06.094
animals. For reference you can look at
00:30:06.094 --> 00:30:16.064
the ENs, 0206 general. That's where you
00:30:16.064 --> 00:30:17.628
can go to reference it.
00:30:17.628 --> 00:30:21.470
Heading 0207 will cover meats and
00:30:21.470 --> 00:30:25.310
edible offals of poultry, which are also
00:30:25.310 --> 00:30:30.560
in heading 0105, chickens, ducks, geese,
00:30:30.560 --> 00:30:37.760
Turkey, and Guinea. Wild birds have
00:30:37.760 --> 00:30:40.660
their own category, permit, et cetera
00:30:40.660 --> 00:30:44.561
through FDA. Not all wild birds are
00:30:44.561 --> 00:30:46.844
allowed. There's not enough time to go
00:30:46.844 --> 00:30:52.536
into that. If you need to know what
00:30:52.536 --> 00:30:54.788
those are about, you can email me.
00:30:54.788 --> 00:31:05.879
Heading 0208 is the basket catch all
00:31:05.879 --> 00:31:09.286
for meat and offals not covered in
00:31:09.286 --> 00:31:13.444
previous headings, examples are rabbits,
00:31:13.444 --> 00:31:21.754
deer, bear. Heading 0209 covers pig fat
00:31:21.754 --> 00:31:27.560
and poultry fat even if it's only fit
00:31:27.560 --> 00:31:30.000
for industrial use making soaps and
00:31:30.000 --> 00:31:32.726
things. It must be in the form removed
00:31:32.726 --> 00:31:35.819
directly from the animal. That is, it's
00:31:35.819 --> 00:31:39.310
not been rendered, melted down or
00:31:39.310 --> 00:31:43.038
otherwise extracted, meaning separated
00:31:43.038 --> 00:31:47.064
by processes with heat and solvent, it
00:31:47.064 --> 00:31:51.851
has to be free of meat. If meat adheres,
00:31:51.851 --> 00:31:53.789
it classifies as meat.
00:31:53.789 --> 00:31:57.072
Earlier I said not having to do with
00:31:57.072 --> 00:32:01.849
pig fat but it does. I misspoke and I
00:32:01.849 --> 00:32:07.192
apologize. These rulings and this court
00:32:07.192 --> 00:32:11.852
case you can look at. At this time, I
00:32:11.852 --> 00:32:16.314
can address what is a current topic with
00:32:16.314 --> 00:32:18.435
the WCO and various customs
00:32:18.435 --> 00:32:21.127
administrations around the world. At
00:32:21.127 --> 00:32:24.887
this time the real issue being discussed
00:32:24.887 --> 00:32:27.346
is the matter of interpreting what could
00:32:27.346 --> 00:32:31.099
or could not be classified in Chapter 2.
00:32:31.099 --> 00:32:34.712
The problem lays in ascertaining the
00:32:34.712 --> 00:32:37.600
quantity of meat adhering to fat that
00:32:37.600 --> 00:32:40.781
would be acceptable without affecting
00:32:40.781 --> 00:32:53.062
the product's classification as fat.
00:32:53.062 --> 00:32:55.561
Chemical lean is defined as the amount
00:32:55.561 --> 00:32:59.222
of lean red meat compared to the amount
00:32:59.222 --> 00:33:00.567
of fat in a product.
00:33:00.567 --> 00:33:03.258
There are 15 various methods that can
00:33:03.258 --> 00:33:06.158
be used to make this determination,
00:33:06.158 --> 00:33:09.102
however, all of them are very expensive
00:33:09.102 --> 00:33:13.601
and all of the countries are not united
00:33:13.601 --> 00:33:17.565
in what is the allowable percentage of
00:33:17.565 --> 00:33:19.435
meat versus fat. That's the heavy
00:33:19.435 --> 00:33:21.789
discussion that's being held.
00:33:21.789 --> 00:33:25.509
Now, obviously, the U.S. has its own
00:33:25.509 --> 00:33:27.192
position. If you want to know what that
00:33:27.192 --> 00:33:29.413
is, you can email me. It's too much to
00:33:29.413 --> 00:33:32.036
get into right now.But
00:33:32.036 --> 00:33:34.722
I wanted to let you know regarding
00:33:34.722 --> 00:33:39.478
heading 0209 there's a lot of questions
00:33:39.478 --> 00:33:43.567
now about meat, fat, how much meat
00:33:43.567 --> 00:33:46.626
versus fat. There are changing coming
00:33:46.626 --> 00:33:48.875
down the pipe eventually that you should
00:33:48.875 --> 00:33:53.001
expect to see.
00:33:53.001 --> 00:33:59.851
Chapter 16, is that you? Once a
00:33:59.851 --> 00:34:04.163
product has exceeded the scope of
00:34:04.163 --> 00:34:06.750
Chapter 2, it's not freeze, chilled,
00:34:06.750 --> 00:34:10.508
frozen and is otherwise prepared, this
00:34:10.508 --> 00:34:14.293
would force a product into 16. One of
00:34:14.293 --> 00:34:20.724
the first things we consider is the note
00:34:20.724 --> 00:34:23.818
two of Chapter 16, which is does the
00:34:23.818 --> 00:34:27.907
product contain more than 20 percent by
00:34:27.907 --> 00:34:38.850
weight of sausage, meat, meat offal, or
00:34:38.850 --> 00:34:39.508
blood.
00:34:39.508 --> 00:34:42.500
If it's under 20 percent, it goes
00:34:42.500 --> 00:34:47.782
right directly to Mr. Petra loanis. If
00:34:47.782 --> 00:34:50.940
it's over 20 percent, it's something
00:34:50.940 --> 00:34:52.819
that I would handle except if it's
00:34:52.819 --> 00:34:57.440
stuffed pasta, which is classified in
00:34:57.440 --> 00:35:00.813
1902. Sauces and condiments and soups of
00:35:00.813 --> 00:35:09.852
heading 2103 and 2104 remain in those
00:35:09.852 --> 00:35:12.293
headings even if it's 20 percent meat.
00:35:12.293 --> 00:35:16.133
You have to determine does the product
00:35:16.133 --> 00:35:27.380
meet what we would consider a sauce, a
00:35:27.380 --> 00:35:31.257
condiment or a soup? The product has to
00:35:31.257 --> 00:35:33.066
meet those conditions before you
00:35:33.066 --> 00:35:34.099
classify there.
00:35:34.099 --> 00:35:41.854
Be mindful of note two of 16. When you
00:35:41.854 --> 00:35:47.788
have food preparation that includes
00:35:47.788 --> 00:35:53.040
sausage, meat, meat offal, and blood and
00:35:53.040 --> 00:35:55.868
seafood. Yes, seafood also is
00:35:55.868 --> 00:35:57.820
considerable and when you are
00:35:57.820 --> 00:36:02.479
considering that, you have to go by --
00:36:02.479 --> 00:36:06.852
you classify by the predominant meat
00:36:06.852 --> 00:36:10.920
product. If you have 50 percent poultry
00:36:10.920 --> 00:36:15.849
and then the rest is divvied up, you go
00:36:15.849 --> 00:36:20.259
with poultry. However, if you have
00:36:20.259 --> 00:36:22.598
various combinations, you have to add
00:36:22.598 --> 00:36:29.232
them up and total them to the highest.
00:36:29.232 --> 00:36:37.730
In Chapter 2 versus 16, chilled is
00:36:37.730 --> 00:36:44.699
products that are reduced to 0 degrees
00:36:44.699 --> 00:36:51.426
celsius without being frozen. Frozen is
00:36:51.426 --> 00:36:54.980
cooled to below the products freezing
00:36:54.980 --> 00:36:59.712
point until it's frozen throughout. Meat
00:36:59.712 --> 00:37:03.758
and meat offal not falling in any
00:37:03.758 --> 00:37:08.350
heading of Chapter 2 are classified in
00:37:08.350 --> 00:37:10.324
Chapter 16, example Saussages and
00:37:10.324 --> 00:37:18.444
similar products whether or not cooked
00:37:18.444 --> 00:37:21.732
in 1601. Meat and meat offal cooked in
00:37:21.732 --> 00:37:25.410
any way, boiled, steamed, grilled,
00:37:25.410 --> 00:37:29.885
fried, roasted -- not scalding -- cooked
00:37:29.885 --> 00:37:32.820
or otherwise prepared or preserved in
00:37:32.820 --> 00:37:37.013
processes that are not provided for in
00:37:37.013 --> 00:37:39.105
Chapter 2. This includes covering with
00:37:39.105 --> 00:37:43.792
batter or bred crumbs, truffled or
00:37:43.792 --> 00:37:48.569
seasoned with salt and pepper. Not salt
00:37:48.569 --> 00:37:51.633
for preservation processes. As well as
00:37:51.633 --> 00:37:59.443
liver pastes and pates are in heading
00:37:59.443 --> 00:38:01.950
1602. There's a little bit of a thin
00:38:01.950 --> 00:38:03.917
line, especially when it comes to
00:38:03.917 --> 00:38:07.327
seasoning. How much of the seasoning is
00:38:07.327 --> 00:38:09.076
for preservation? How much of the
00:38:09.076 --> 00:38:12.887
seasoning is for seasoning the product?
00:38:12.887 --> 00:38:12.888

00:38:12.888 --> 00:38:16.794
In general, Chapter 2 meats must not
00:38:16.794 --> 00:38:19.390
be prepared or preserved beyond the
00:38:19.390 --> 00:38:21.482
states that are listed as in fresh,
00:38:21.482 --> 00:38:29.194
chilled, frozen, salted, brined, dried,
00:38:29.194 --> 00:38:33.756
smoked. But reduction in size are
00:38:33.756 --> 00:38:42.390
permitted in Chapter 2 as are scalding,
00:38:42.390 --> 00:38:57.199
tenderizing, and slight sprinkling of
00:38:57.199 --> 00:38:59.039
sugar, you have to be mindful of the
00:38:59.039 --> 00:39:03.142
process that the product has undergone,
00:39:03.142 --> 00:39:06.510
that it doesn't go beyond the scope of
00:39:06.510 --> 00:39:11.164
two. If you have a heavy amount of salt,
00:39:11.164 --> 00:39:12.697
you have to determine what is for
00:39:12.697 --> 00:39:16.478
seasoning, what is for preservation
00:39:16.478 --> 00:39:18.482
because that will determine where the
00:39:18.482 --> 00:39:20.794
product goes.
00:39:20.794 --> 00:39:27.010
These are -- I know it's repetitious
00:39:27.010 --> 00:39:38.798
but it requires repeating.
00:39:38.798 --> 00:39:42.761
Cooking in any way, adding other
00:39:42.761 --> 00:39:46.700
ingredients such as bring, badder,
00:39:46.700 --> 00:39:53.074
spices or seasoning other than minor
00:39:53.074 --> 00:39:56.639
additions not affecting the character of
00:39:56.639 --> 00:39:59.700
the meat. Seasoning should impart
00:39:59.700 --> 00:40:03.396
seasoned appearance or clearly
00:40:03.396 --> 00:40:06.015
distinguished taste and not mere
00:40:06.015 --> 00:40:10.980
enhancements of natural flavor. All of
00:40:10.980 --> 00:40:15.263
these rulings here, if you need them,
00:40:15.263 --> 00:40:21.299
email me. All of these rulings address
00:40:21.299 --> 00:40:27.954
that particular issue. This last one
00:40:27.954 --> 00:40:28.864
affirmed a three percent minimum salt
00:40:28.864 --> 00:40:31.606
and pepper or salt and spice test to
00:40:31.606 --> 00:40:36.925
allow for either 16 or classification in
00:40:36.925 --> 00:40:39.632
two. Products consisting of largely fat,
00:40:39.632 --> 00:40:43.199
bones and or skin, even if with
00:40:43.199 --> 00:40:46.605
relatively small amounts of adhering fat
00:40:46.605 --> 00:40:49.417
are classified as meat. However, we have
00:40:49.417 --> 00:40:51.858
the situation of determining the
00:40:51.858 --> 00:40:56.632
chemical lean. That is going to put a
00:40:56.632 --> 00:41:00.046
monkey wrench in the situation. Until
00:41:00.046 --> 00:41:03.673
determined, this is what we go by.
00:41:03.673 --> 00:41:10.151
All of these components are included
00:41:10.151 --> 00:41:13.640
in a valuable and quantity. We don't
00:41:13.640 --> 00:41:16.447
make allowances for these things,
00:41:16.447 --> 00:41:19.482
they're all part of what the duty would
00:41:19.482 --> 00:41:22.053
be applied to.
00:41:22.053 --> 00:41:26.639
We're almost there, folks. Ride with
00:41:26.639 --> 00:41:26.984
me.
00:41:26.984 --> 00:41:32.890
Heading 1601 provides for sausages and
00:41:32.890 --> 00:41:39.766
preparations there of of meat, meat
00:41:39.766 --> 00:41:43.454
offal, or blood. You know what a sausage
00:41:43.454 --> 00:41:48.638
looks like, similar shape, either with
00:41:48.638 --> 00:41:53.396
or without casing, heading also includes
00:41:53.396 --> 00:41:57.201
Saussages that are in a prepared meal
00:41:57.201 --> 00:42:00.265
form, not just the Saussage it self but
00:42:00.265 --> 00:42:03.450
in prepared meal form and other food
00:42:03.450 --> 00:42:07.579
preference radiation based on sausage.
00:42:07.579 --> 00:42:11.073
1602 is the most extensive of the
00:42:11.073 --> 00:42:15.794
headings of the chapter. It covers all
00:42:15.794 --> 00:42:21.140
prepared or preserved meat, offal, and
00:42:21.140 --> 00:42:23.388
blood products other than sausages and
00:42:23.388 --> 00:42:27.924
juices or extracts, it includes a wide
00:42:27.924 --> 00:42:30.549
range of goods that have been cooked or
00:42:30.549 --> 00:42:33.419
combined with other ingredients.
00:42:33.419 --> 00:42:40.019
The sub headings and terminology on
00:42:40.019 --> 00:42:46.460
1602 are self-explanatory.
00:42:46.460 --> 00:42:52.451
Homogenized preparations are generally
00:42:52.451 --> 00:42:58.990
foods reduced to such a fine particle
00:42:58.990 --> 00:43:03.014
intended for infants or customers with
00:43:03.014 --> 00:43:04.605
various digestive problems.
00:43:04.605 --> 00:43:08.731
Cured or pickled, when you start
00:43:08.731 --> 00:43:11.268
preserving things with salt to the point
00:43:11.268 --> 00:43:15.301
that it's curing, you cannot classify it
00:43:15.301 --> 00:43:19.729
in Chapter 2. It has to be classified in
00:43:19.729 --> 00:43:24.770
1602. Pickling. You add nitrates, sugar,
00:43:24.770 --> 00:43:31.385
spices. This is an HQ ruling you can
00:43:31.385 --> 00:43:34.548
look at, this is also a court case that
00:43:34.548 --> 00:43:41.827
you can look at on whether beef jerky is
00:43:41.827 --> 00:43:46.636
carried cured. We all know what pickling
00:43:46.636 --> 00:43:52.864
is. Pickled cucumber. Pickled pig feet.
00:43:52.864 --> 00:44:00.229
Yummy, delicious. 1603, extracts and
00:44:00.229 --> 00:44:06.512
juices of meat and seafood. This was
00:44:06.512 --> 00:44:14.828
rarely touched until Jed wards versus
00:44:14.828 --> 00:44:16.994
United States. Extracts are generally
00:44:16.994 --> 00:44:21.230
obtained by boiling or steaming meat
00:44:21.230 --> 00:44:26.612
under pressure, then extracting that
00:44:26.612 --> 00:44:29.011
liquid after removing the fat. And that
00:44:29.011 --> 00:44:32.830
finished extract may be in liquid or
00:44:32.830 --> 00:44:35.667
solid form and it can be concentrated
00:44:35.667 --> 00:44:39.862
and in this case the juices are obtained
00:44:39.862 --> 00:44:43.234
from pressing raw meat.
00:44:43.234 --> 00:44:48.239
1603 also covers fish, but mainly
00:44:48.239 --> 00:44:52.117
meat.
00:44:52.117 --> 00:44:56.770
Changes are coming, as I said.
00:44:56.770 --> 00:44:59.077
This is some of the stuff you will
00:44:59.077 --> 00:45:05.360
see. Amendments to note 1D to Chapter 2.
00:45:05.360 --> 00:45:09.546
It will delete and substitute note D.
00:45:09.546 --> 00:45:15.017
Saying boneless animal meat fats
00:45:15.017 --> 00:45:26.142
trimmings of 02.01, 02, and 04 with a
00:45:26.142 --> 00:45:32.270
chemical lean meat content of less than
00:45:32.270 --> 00:45:34.329
20 percent will go to these headings.
00:45:34.329 --> 00:45:40.957
Otherwise we consider 1602. This is
00:45:40.957 --> 00:45:43.739
something to consider, just a brief
00:45:43.739 --> 00:45:46.429
glance. Something that you should expect
00:45:46.429 --> 00:45:47.926
to see that you're going to have to
00:45:47.926 --> 00:45:52.139
start expecting to speak on chemical
00:45:52.139 --> 00:45:56.738
lean of meat.
00:45:56.738 --> 00:46:02.203
This actually -- this change came
00:46:02.203 --> 00:46:07.459
about in 2021 and the proposal was made
00:46:07.459 --> 00:46:11.396
by South Africa, they needed to clarify
00:46:11.396 --> 00:46:16.298
the classification of fat trimmings in
00:46:16.298 --> 00:46:21.207
two versus 16 and wanting to address how
00:46:21.207 --> 00:46:24.518
to distinguish the various criteria in
00:46:24.518 --> 00:46:28.491
the explanatory notes as well.
00:46:28.491 --> 00:46:31.364
Yes. That's something that you should
00:46:31.364 --> 00:46:35.827
definitely consider or expect to see
00:46:35.827 --> 00:46:37.552
soon.
00:46:37.552 --> 00:46:41.301
Let's see. Before I go into this
00:46:41.301 --> 00:46:46.678
helpful information, I had sent out a
00:46:46.678 --> 00:46:51.991
couple of quick alerts that I want to
00:46:51.991 --> 00:46:56.515
reiterate in case -- I don't know how
00:46:56.515 --> 00:47:00.452
often people check their quicks out
00:47:00.452 --> 00:47:04.737
there, but effective March 30th the
00:47:04.737 --> 00:47:08.177
department of agriculture, within
00:47:08.177 --> 00:47:12.734
agriculture, the animal plan health
00:47:12.734 --> 00:47:19.927
inspection service removed restriction
00:47:19.927 --> 00:47:29.587
on the importation of poultry, other
00:47:29.587 --> 00:47:32.399
bird products originating from British
00:47:32.399 --> 00:47:32.931
Columbia.I
00:47:32.931 --> 00:47:37.830
have a long list of the zones in British
00:47:37.830 --> 00:47:39.896
Columbia from which they have removed
00:47:39.896 --> 00:47:43.204
restrictions. If you need to know that,
00:47:43.204 --> 00:47:48.769
let me know. Also AVIS has added
00:47:48.769 --> 00:47:52.864
Thailand and north Macedonia to regions
00:47:52.864 --> 00:47:56.961
affected by swine fever. They added
00:47:56.961 --> 00:48:02.646
Thailand January 20, 2022, north
00:48:02.646 --> 00:48:07.428
Macedonia was added February 3, 2022.
00:48:07.428 --> 00:48:12.210
And USDA regulations prohibits the
00:48:12.210 --> 00:48:14.366
importation of pork and pork products in
00:48:14.366 --> 00:48:21.272
regions where African swine fever exist,
00:48:21.272 --> 00:48:23.455
you can always go onto the USDA website
00:48:23.455 --> 00:48:26.549
and look at these things to make sure
00:48:26.549 --> 00:48:28.893
you're up-to-date so when you see these
00:48:28.893 --> 00:48:31.244
things you know if they're supposed to
00:48:31.244 --> 00:48:32.839
be importing it or not.
00:48:32.839 --> 00:48:41.273
Again, September 15th of last year
00:48:41.273 --> 00:48:45.831
AFIS has now made Lithuania eligible to
00:48:45.831 --> 00:48:55.953
export eggs into the United States.
00:48:55.953 --> 00:48:58.270
They've certified the Lithuanian
00:48:58.270 --> 00:49:02.243
establishments. As of September 15th,
00:49:02.243 --> 00:49:03.739
Lithuania was added to the list of
00:49:03.739 --> 00:49:06.400
countries that are allowed. The egg
00:49:06.400 --> 00:49:12.062
product inspection act prohibits the
00:49:12.062 --> 00:49:15.929
importation of egg products unless
00:49:15.929 --> 00:49:17.955
they've been processed under strict and
00:49:17.955 --> 00:49:21.083
approved inspection systems and they
00:49:21.083 --> 00:49:25.990
must match ours. They have reviewed
00:49:25.990 --> 00:49:29.298
Lithuania's laws and regulations and
00:49:29.298 --> 00:49:31.712
they meet our standards. All egg
00:49:31.712 --> 00:49:37.147
products from Lithuania are allowed.
00:49:37.147 --> 00:49:40.108
I wanted to make sure I provide all of
00:49:40.108 --> 00:49:41.275
this info to you.
00:49:41.275 --> 00:49:46.211
Lastly, the government of Mexico has
00:49:46.211 --> 00:49:50.113
requested that AFIS evaluate and
00:49:50.113 --> 00:49:58.486
classify beef from Sonora for
00:49:58.486 --> 00:50:06.269
brucellosis. In response to Mexico's
00:50:06.269 --> 00:50:08.519
request, the U.S. has prepared an
00:50:08.519 --> 00:50:11.019
evaluation for this. It concluded that
00:50:11.019 --> 00:50:15.494
the state of Sonora meets the condition
00:50:15.494 --> 00:50:18.335
to be classified as Level 1 of
00:50:18.335 --> 00:50:22.458
brucellosis. These are the various
00:50:22.458 --> 00:50:29.564
alerts I sent out to you in CBP
00:50:29.564 --> 00:50:38.584
regarding this particular issue. I hope
00:50:38.584 --> 00:50:40.680
you're staying up-to-date so you know
00:50:40.680 --> 00:50:43.959
what you can approve for release or not
00:50:43.959 --> 00:50:47.684
approve for release regarding meats.
00:50:47.684 --> 00:50:52.617
And that is the conclusion of this.
00:50:52.617 --> 00:50:56.523
These are various different websites
00:50:56.523 --> 00:50:59.998
that -- sorry, CFRs you can look at
00:50:59.998 --> 00:51:04.493
regarding countries currently listed as
00:51:04.493 --> 00:51:08.187
equivalent to the U.S. regarding meat
00:51:08.187 --> 00:51:14.993
export, poultry export, egg product
00:51:14.993 --> 00:51:17.901
export. This is the link for the
00:51:17.901 --> 00:51:24.087
eligible foreign establishments. Looking
00:51:24.087 --> 00:51:27.182
at the FSIS fact sheet is very helpful.
00:51:27.182 --> 00:51:30.524
That gives you -- answers questions
00:51:30.524 --> 00:51:33.271
regarding food safety, et cetera.
00:51:33.271 --> 00:51:42.251
And then under A pH IS website you can
00:51:42.251 --> 00:51:46.372
look at the foreign country's animal
00:51:46.372 --> 00:51:48.743
disease status regarding Mexico,
00:51:48.743 --> 00:51:50.776
regarding Lithuania.
00:51:50.776 --> 00:51:53.836
It varies there. One year a country
00:51:53.836 --> 00:51:56.558
could be eligible, the next year not
00:51:56.558 --> 00:51:59.026
eligible. It's good to occasionally go
00:51:59.026 --> 00:52:02.902
on this website to keep yourself
00:52:02.902 --> 00:52:05.059
updated. Sometimes these folks are
00:52:05.059 --> 00:52:08.244
banking on us not having the time to go
00:52:08.244 --> 00:52:09.441
these extra miles.
00:52:09.441 --> 00:52:14.275
It's very important to try and keep
00:52:14.275 --> 00:52:16.149
up-to-date on that information.
00:52:16.149 --> 00:52:19.808
This is my contact information. My
00:52:19.808 --> 00:52:24.063
phone number. This is my email address.
00:52:24.063 --> 00:52:27.466
I would prefer that you email me,
00:52:27.466 --> 00:52:28.931
please, rather than call.
00:52:28.931 --> 00:52:31.958
I'd really be thankful for that. Now
00:52:31.958 --> 00:52:37.899
it's time for Q&A.
00:52:37.899 --> 00:52:46.054
We don't have much time left. CG, how
00:52:46.054 --> 00:52:50.698
many minutes? I have time for some
00:52:50.698 --> 00:52:54.118
questions. If you would rather not ask
00:52:54.118 --> 00:52:58.794
your question now, my email is here.
00:52:58.794 --> 00:53:01.709
You can send me an email and I'll try
00:53:01.709 --> 00:53:02.585
to address your question.
00:53:02.585 --> 00:53:05.620
But don't be shy.
00:53:05.620 --> 00:53:09.090
I'm not ashamed to say if I don't know
00:53:09.090 --> 00:53:11.743
I'll get back to you, but you can ask
00:53:11.743 --> 00:53:13.897
anyway.
00:53:13.897 --> 00:53:23.244
We'll go once, twice... going two and
00:53:23.244 --> 00:53:25.907
a half -- I'm either going to take it
00:53:25.907 --> 00:53:28.564
that the webinar was well explained and
00:53:28.564 --> 00:53:38.309
you don't have questions...
00:53:38.309 --> 00:53:44.185
All right. I thank you for listening.
00:53:44.185 --> 00:53:46.622
I thank you for your time and
00:53:46.622 --> 00:53:47.776
attention.
00:53:47.776 --> 00:53:51.338
Again, if you didn't want to ask your
00:53:51.338 --> 00:53:59.711
question here, you can always email me
00:53:59.711 --> 00:54:05.899
right here. I prefer to be emailed,
00:54:05.899 --> 00:54:06.497
please.
00:54:06.497 --> 00:54:08.939
I will address your concerns at that
00:54:08.939 --> 00:54:12.746
time. Until then, I hope you all have a
00:54:12.746 --> 00:54:14.438
wonderful and blessed day. Thank you for
00:54:14.438 --> 00:54:20.898
listening.
00:54:20.898 --> 00:54:22.278

00:54:22.278 --> 00:54:24.246
>> CHRISSI GUTH: This concludes the
00:54:24.246 --> 00:54:25.808
webinar for this afternoon. If you
00:54:25.808 --> 00:54:28.061
logged into this webinar using your
00:54:28.061 --> 00:54:36.055
email, you will receive an email with
00:54:36.055 --> 00:54:40.271
the CCS/CES code within 48 hours. This
00:54:40.271 --> 00:54:48.522
will be posted on the CPB website. Thank

00:54:51.243 --> 00:54:51.243
your day.