CLA-2-04:OT:RR:NC:2:231
Mr. Michael K. Dugandzic
Grand Prix Trading Corp.
8100 Water Street
St. Louis, MO 63111
RE: The tariff classification of canned feta-type cheeses from Germany.
Dear Mr. Dugandzic:
In your letter dated February 9, 2010, you requested a tariff classification ruling.
Samples and technical data pertaining to six varieties of Turkish-style feta-type cheese, made in Germany, were submitted for our review. All are put up for retail sale in brine within sealed metal cans.
Item “A”, “Gazi® White Cheese in Brine 60%,” is made from cow’s milk, salt, microbial rennet, and lactic acid culture. It has a total fat content of 28%-31% (60%-64% of the dry matter), a moisture content of 49%-54%, and a salt content of 2.5%-3%. You state that during the manufacturing process, fresh whole cow’s milk is pasteurized at 72 degrees Centigrade for more than 15 seconds. Rennet and lactic acid culture are added. The curds are drained and molded into a cylindrical-shaped loaf measuring 84 mm in diameter by 45 mm in height, having a net weight of 250g. The resulting cylinder-shaped loaves are packaged, together with a brine solution, into a tin can featuring a protective coating, ring-pull lid and recloseable plastic slip lid.
Item “B”, “Gazi® White Cheese in Brine 55%,” is made from cow’s milk, salt, microbial rennet, and lactic acid culture. It has a total fat content of 26%-29% (55%-59% of the dry matter), a moisture content of 51%-55%, and a salt content of 2.5%-3.2%. The manufacturing and packaging methods are the same as for item “A”.
Item “C”, “Gazi® White Cheese in Brine 45%,” is made from cow’s milk, salt, microbial rennet, and lactic acid culture. It has a total fat content of 18%-21% (45%-49% of the dry matter), a moisture content of 56%-60%, and a salt content of 2.6%-3.5%. The manufacturing and packaging methods are the same as for item “A”.
Item “D”, “Gazi® Cow & Sheep’s Milk Tulum Peyniri Cheese 45%,” is made from cow’s milk, sheep’s milk, salt, microbial rennet, and lactic acid culture. It is said to have a total fat content of 19%-22% (45%-49% of the dry matter), a moisture content of 54%-58%, and a salt content of 2.8%-3.5%. The cheese is manufactured by coagulating pasteurized cow’s milk and pasteurized sheep’s milk with rennet and lactic acid culture. The resulting curds are drained and processed with brine in such manner that the final mass attains a crumbly texture. The cheese is packaged in brine in printed tin cans featuring an inside protective coating, ring-pull lid and recloseable plastic slip lid.
The applicable subheading for the above-described items “A”, “B”, “C” and “D”, if entered under quota, will be 0406.90.9500, Harmonized Tariff Schedule of the United States (HTSUS), 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 (excluding goods containing mixtures of subheadings 0406.90.61 or 0406.90.63): 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% ad valorem.
Imports under subheading 0406.90.9500, 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 items “A”, “B”, “C” and “D”, if entered outside the quota, will be 0406.90.9700, HTSUS, 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 (excluding goods containing mixtures of subheadings 0406.90.61 or 0406.90.63): other: other: containing cow’s milk (except soft-ripened cow’s milk cheese): other. The rate of duty will be $1.509 per kilogram. Also, products classified in subheading 0406.90.9700, HTSUS, will be subject to additional safeguard duties based on their value, as described in subheadings 9904.06.38—9904.06.48.
Item “E”, “Gazi® White Sheep’s Milk Cheese in Brine 50%,” is made from sheep’s milk, salt, microbial rennet and lactic acid culture. It has a total fat content of 23%-28% (50%-54% of the dry matter), a moisture content of 52%-55%, and a salt content of 1.8%-3%. You state that during the manufacturing process, fresh whole sheep’s milk is pasteurized at 72 degrees Centigrade for more than 15 seconds. Rennet and lactic acid culture are added. The curds are drained and molded into a cylindrical-shaped loaf measuring 84 mm in diameter by 45 mm in height, having a net weight of 250g. The resulting cylinder-shaped loaves are packaged, together with a brine solution, into a tin can featuring a protective coating, ring-pull lid and recloseable plastic slip lid. You state that the original loaves do not undergo any cutting or shaping before being packed in the tins.
The applicable subheading for item “E”, “Gazi® White Sheep’s Milk Cheese in Brine 50%,” will be 0406.90.5700, HTSUS, 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.
Item “F”, “Gazi® White Goat’s Milk Cheese in Brine 50%,” is made from goat’s milk, salt, microbial rennet and lactic acid culture. It has a total fat content of 22%-25% (50%-54% of the dry matter), a moisture content of 52%-58%, and a salt content of 1.8%-3%. The manufacturing and packaging methods are the same as for item “E”.
The applicable subheading for item “F”, “Gazi® White Goat’s Milk Cheese in Brine 50%,” will be 0406.90.9900, HTSUS, 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 (excluding goods containing mixtures of subheadings 0406.90.61 or 0406.90.63): other: other: other. The rate of duty will be 8.5%.
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/.
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.
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