CLA-2-04:S:N:N7:231 813332
Ms. Ginger Rozakis
Schratter Import
72 Summit Avenue
Montvale, NJ 07645
RE: The tariff classification of Chamois d'Or cheese from France.
Dear Ms. Rozakis:
In your letter, dated August 9, 1995, you have requested a
tariff classification ruling.
The product is Chamois d'Or cheese. The item is in the form
of a wheel,
24.13 centimeters (9.5 inches) in diameter, and 5.08 centimeters (2 inches)
in height. The exterior of the cheese is covered with a white, papery mold.
The interior of the cheese is pale yellow in color, and it has a smooth,
paste consistency. Chamois d'Or is a pressed cheese. It does not ripen from
the surface to the center, and is not a soft-ripening variety.
The product is made from pasteurized cow's milk. In your
correspondance you indicate that the cheese will contain, by weight, a
moisture content of 46.3 percent (69 percent of the non fatty matter), and 33
percent fat (60 percent on a dry basis).
The applicable subheading for the Chamois d'Or cheese, if imported in
quantities that fall within the limits described in additional U.S. note 16
to chapter 4, will be 0406.90.9500, Harmonized Tariff Schedule of the United
States (HTS), which provides for cheese and curd, other cheese, other
cheeses, and substitutes for cheese, including mixtures of the above, other,
including mixtures of the above, other, other, containing cow's milk (except
soft-ripened cow's milk cheese), described in additional U.S. note 16 to
chapter 4 and entered pursuant to its provisions. The rate of duty will be
10 percent ad valorem. If the quantitative limits of additional U.S. note 16
to chapter 4 have been reached, the product will be classified in subheading
0406.90.9700, HTS, and will be dutiable at US $1.731 per kilogram. In
addition, products classified in subheading 0406.90.9700, HTS, will be
subject to additional duties based on their value, as described in
subheadings 9904.06.38 - 9904.06.49, HTS.
An import license, issued to the importer by the United States
Department of Agriculture, will be required at the time such merchandise is
entered for consumption into the United States.
Questions regarding licensing procedures and applications for licenses
to import cheese subject to quota should be addressed to:
U.S. Department of Agriculture
Foreign Agricultural Service
Import Policies and Trade Analysis Division
Att: Dairy Import Group, Rm. 5531, So. Bldg.
Washington, DC 20250-1000
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