CLA-2-04:S:N:N7:231 805899
Mr. Mario Fernandez
Dutch Cheese Company
1090 N.W. 23rd Street
Miami, Florida 33127
RE: The tariff classification of a pasteurized processed cheese
from Portugal.
Dear Mr. Fernandez:
In your letter dated January 9, 1995 you requested a tariff
classification ruling.
You describe the product in question as having been made of
Maasdammer cheese, water, emulsifying salts and sorbic acid added
as a preservative. A sample, submitted with your letter, was
said to contain 50 percent fat matter and 44 percent moisture.
The applicable subheading for the pasteurized processed
cheese, if imported in quantities that fall within the limits
described in additional U.S. note 22 to chapter 4, will be
0406.30.5100, Harmonized Tariff Schedule of the United States
(HTS), which provides for Processed (process) cheese, not grated
or powered: Gruyere-process cheese...described in additional U.S.
note 22 to chapter 4 and entered pursuant to its provisions. The
rate of duty will be 6.4 percent ad valorem. Imports under these
provisions require import licenses, in accordance with terms and
conditions provided in regulations issued by the Secretary of
Agriculture, subject to approval of the United States Trade
Representative (USTR).
Questions regarding licensing procedures and applications
for license to import cheese subject to quota should be addressed
to:
Head, Dairy and Import Group
Dairy, Livestock and Poultry Division
Foreign Agricultural Service
U.S. Department of Agriculture
Washington, D.C. 20250
If the quantitative limits of additional U.S. note 22 to
chapter 4 have been reached, the product will be classified in
subheading 0406.30.5300, HTS, and dutiable at $1.59 per kilogram.
In addition, products classified in subheading 0406.30.5300, HTS,
will be subject to additional duties based on their value, as
described in subheadings 9904.06.19 to 9904.06.28, HTS.This
ruling is being issued under the provisions of Section 177 of the
Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport