CLA-2-04:RR:NC:2:231 J88309

Mr. Chuck Thompson
XL Brokers International, Inc.
P.O. Box 60624 AMF
Houston, TX 77205

RE: The tariff classification of feta cheese from New Zealand.

Dear Mr. Thompson:

In your letter, dated September 4, 2003, you requested a tariff classification ruling.

The merchandise is comprised of Chobani® brand feta cheese. The ingredients are pasteurized sheep’s milk, salt, mineral salt, enzyme, and culture. It will be packed in plastic pails (26 pounds, net) and vacuum packs (2.2 pounds, net, and 16 ounces, net).

The applicable subheading for feta cheese will be 0406.90.5700, 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, cheeses made from sheep’s milk, Pecorino, in original loaves, not suitable for grating. The rate of duty will be free.

Importations of this product are subject to import regulations administered by various U.S. agencies. Requests for information regarding applicable regulations administered by the U.S. Department of Agriculture may be addressed to that agency at the following location:

A.P.H.I.S., Veterinary Services Federal Building, Room 756 6505 Belcrest Road Hyattsville, MD 20782

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Thomas Brady at (646) 733-3030.

Sincerely,

Robert B. Swierupski
Director
National Commodity
Specialist Division