CLA-2-04:S:N:N1:229-865487
Mr. Garfield H. Simpson, B.S.
Managing Director
Majitsu, Inc.
P.O. Box 5234
Longwood, FL 32791
RE: The tariff classification of PROCESS CHEDDAR CHEESE SPREAD
in tins from Jamaica.
Dear Mr. Garfield:
In your letter dated July 16, 1991, you requested a tariff
classification ruling.
You describe the item in question as "Tastee" brand
PROCESSED CHEDDAR CHEESE SPREAD. This product will be processed
in Jamaica from natural Cheddar cheese imported into Jamaica from
a third country, such as New Zealand or Australia. According to
information on a sample label submitted with your letter, this
processed cheese will have a butterfat content, by weight, of 28
percent and a moisture content of 44 percent.
The applicable subheading for PROCESS CHEDDAR CHEESE SPREAD
in tins will be 0406.30.2000, Harmonized Tariff Schedule of the
United States (HTS), which provides for Processed (process)
cheese, not grated or powdered:...Cheddar cheese. The rate of
duty will be 16 percent ad valorem.
Articles classifiable in HTS subheading 0406.30.2000 are
subject to quota quantity restrictions listed in subchapter IV of
Chapter 99 in HTS subheading 9904.10.30, which limits the amount
of such cheese which may be imported from countries (including
Jamaica) with no specific quota allocation to an annual quota
quantity of 139,889 kilograms. Additionally, 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 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
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