CLA-2-04:OT:RR:NC:2:231
Ms. Pia Jakobsgaard
Arla Foods, Inc.
645 Martinsville Road
Basking Ridge, NJ 07920
RE: The tariff classification of Grevé cheese from Sweden.
Dear Ms. Jakobsgaard:
In your letter dated October 29, 2009, you requested a tariff classification ruling.
Attachments to your letter identify the product in question as Grevé cheese, a light yellow, semi-hard ripened cheese in the form of a 28-lb wheel. We find that numerous sources indicate that Grevé (or Grevéost) is made from cow’s milk and is a copy of Swiss/Emmental cheese.
Submitted specifications indicate that the ingredients of the Grevé cheese to be imported are milk, salt, cultures, rennet and potassium sorbate. The cheese has a fat content of 28% (47% in the dry matter), a moisture content of 41% and a salt content of 1.3%. It is said to be ripened a minimum of 84 days and a maximum of 140 days prior to sale. The body of the cheese is said to contain eyes (holes) that are round to oval, with sizes varying between 10-40 mm and evenly distributed over the cut surface, becoming less toward the edges. The flavor is described as “slightly sour with a slight salty taste…sweet with a hint of bitterness.”
The applicable subheading for the above-described Grevé cheese, if entered under quota, will be 0406.90.4600, Harmonized Tariff Schedule of the United States (HTSUS), which provides for cheese and curd: other cheese: Swiss or Emmentaler cheese with eye formation: described in additional U.S. note 25 to chapter 4 and entered pursuant to its provisions. The rate of duty will be 6.4% ad valorem.
Imports under subheading 0406.90.4600, HTSUS, require an import license, in accordance with terms and conditions provided in regulations issued by the Secretary of Agriculture, subject to the approval of the United States Trade Representative (USTR). The regulations may provide for the reallocation among supplying countries or areas of unfilled quantities, subject to USTR approval.
Questions regarding licensing procedures and applications for licenses to import cheese subject to quota should be addressed to:
Import Quota Manager for Dairy Products
U.S. Department of Agriculture
Stop 1029
1400 Independence Avenue, SW
Washington, DC 20250-1029
Tel: (202) 720-1344
The applicable subheading for the Grevé cheese, if entered outside the quota, will be 0406.90.4800, HTSUS, which provides for cheese and curd: other cheese: Swiss or Emmentaler cheese with eye formation: other. The rate of duty will be $1.877 per kilogram. Also, products classified in subheading 0406.90.4800, HTSUS, will be subject to additional safeguard duties based on their value, as described in subheadings 9904.06.06—9904.06.17
Importations of this merchandise are subject to regulations administered by various U.S. agencies. Requests for information regarding applicable regulations administered by the U.S. Department of Agriculture (USDA) may be addressed to that agency at the following location:
USDA
APHIS, VS, NCIE
Products Program
4700 River Road, Unit 40
Riverdale, MD 20737-1231
Tel: (301) 734-3277
This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling the FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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 Nathan Rosenstein at (646) 733-3030.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division