CSMS Message: 94-001235

TO : ALL ABI BROKERS.

FROM : ROLAND BERNIER

SUBJECT : VEAL - EU

DATE : 12/05/94

5339071
DECEMBER 5, 1994

CO:TO:TF RLB
CATEGORY: INA

TO: ALL REGIONAL DIRECTORS (COMMERCIAL OPERATIONS),
DISTRICT, AREA AND PORT DIRECTORS

FROM: DIRECTOR, OFFICE OF TRADE OPERATIONS

RE: SHIPMENTS OF VEAL FROM THE EUROPEAN UNION

PASS TO: IMPORT SPECIALISTS, NATIONAL IMPORT SPECIALISTS,
INSPECTORS, ENTRY OFFICERS, OTHER CUSTOMS PERSONNEL,
AND INTERESTED PARTIES SUCH AS BROKERS AND IMPORTERS

BACKGROUND:

WE HAVE RECENTLY BECOME AWARE THAT THE PROVISIONS OF SUBHEADING
9903.23.00 HTS HAVE NOT BEEN UNIFORMLY APPLIED AS RELATED TO
FRESH, CHILLED AND FROZEN BONELESS VEAL FROM THE COUNTRIES OF THE
EUROPEAN UNION (EU), AS IDENTIFIED IN THAT SUBHEADING. SOME
PORTS HAVE ASSESSED THE 100 PERCENT DUTY SET FORTH IN THE ABOVE
SUBHEADING ON SHIPMENTS WHICH BEGAN ARRIVING EARLIER THIS YEAR,
WHILE OTHER PORTS HAVE NOT DONE SO. WE UNDERSTAND THAT AT LEAST
SOME OF THE LATTER PORTS HAVE CONCLUDED THAT THE BONELESS VEAL,
WHILE CLASSIFIABLE IN SUBHEADINGS 0201.30.6000 OR 0202.30.6000,
HTS, IS NOT INCLUDED WITHIN THE SCOPE OF THE CHAPTER 99 PROVISION
WHICH SPEAKS OF BEEF.

BASED ON OUR DISCUSSIONS WITH THE OFFICE OF THE U.S. TRADE
REPRESENTATIVE AND THE DEPARTMENT OF AGRICULTURE, WE HAVE
CONCLUDED THAT SUBHEADING 9903.23.00, HTS, SHOULD BE APPLIED TO
ALL BONELESS BEEF, INCLUDING BONELESS VEAL, WHICH IS THE PRODUCT
OF THE EU.

ACTION:

THE FOLLOWING ACTION WILL BE TAKEN AS TO ALL BONELESS VEAL FROM
MEMBER COUNTRIES OF THE EU.

1. ALL SHIPMENTS OF BONELESS VEAL FROM THE EU WILL BE ASSESSED
100 PERCENT DUTY UNDER SUBHEADING 9903.23.00, HTS.

2. ENTRY SUMMARIES THAT HAVE BEEN REPORTED TO LIQUIDATION WILL
BE RETRIEVED, THE LIQUIDATION UNSET AND THE ENTRIES
RELIQUIDATED AS NOTED IN ITEM 1.

3. RATE ADVANCES WILL BE ISSUED ON PENDING ENTRIES. THESE
ENTRIES WILL THEN, IN ACCORDANCE WITH CURRENT PROCEDURES, BE
LIQUIDATED UNDER SUBHEADING 9903.23.00, HTS.

4. RELIQUIDATE ANY LIQUIDATED ENTRIES PURSUANT TO THE PROVISIONS
OF 19 U.S.C. 1501 AND SECTION 173.3, CUSTOMS
REGULATIONS. CUSTOMS OFFICERS MUST RELIQUIDATE SUCH ENTRIES
WITHIN 90 DAYS AFTER THE POSTING OF THE ORIGINAL BULLETIN
NOTICE BY POSTING THE RELIQUIDATION NOTICE IN THAT 90-DAY
PERIOD.

IT IS IMPORTANT THAT ALL PORTS TREAT THESE SHIPMENTS UNIFORMLY.
SUPERVISORY IMPORT SPECIALISTS SHOULD INSURE THAT IMPORTATIONS OF
BONELESS VEAL FROM THE EU ARE PROCESSED IN ACCORDANCE WITH THESE
INSTRUCTIONS.

QUESTIONS MAY BE REFERRED TO THE OFFICE OF TRADE OPERATIONS,
TRADE AGREEMENTS BRANCH.

PHILIP METZGER