CLA-2-04:S:N:N7:231 813831
Mr. Christian Keller
Bauernmarkt Chiemgau
Kirchplatz 8
83128 Halfing
Germany
RE: The tariff classification of Camembert cheese from Germany.
Dear Mr. Keller:
In your letter, dated July 17, 1995, and received in this
office on August 16, 1995, you have requested a tariff
classification ruling.
The product, called "Chiemgauer Rahmkase" or "Chiemgauer Extra Creamy
Cheese," is Camembert cheese. The item is in the form of a square, and it
weighs 1.8 kilograms (3.97 pounds). The cheese has a white mold rind. It is
packaged in protective wrap, with two squares per box.
The product is made from pasteurized cow's milk. It is ripened for
three weeks. In your correspondance you indicate that the ingredients will
be butter fat (45 percent in the dry mass), rennin enzymes, and salt.
The applicable subheading for the "Chiemgauer Rahmkase" or "Chiemgauer
Extra Creamy 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