CLA-2-04:OT:RR:NC:N2:231
Mr. Nicholas I. Tawil
SXI Trading, Inc.
921 NW 120th Avenue
Plantation, FL 33325
RE: The tariff classification of processed cheese spreads from Sweden.
Dear Mr. Tawil:
In your letter dated July 5, 2012, you requested a tariff classification ruling on behalf of Wahlund Race Investments LLC (Coral Springs, FL).
The goods in question are described as “Fjällbrynt” brand soft process cheese spreads made with Edamer cheese (from cow’s milk) and other constituents. Ingredients breakdowns for five different varieties, and a manufacturer’s “flow chart” generally pertaining to all of them, accompanied your letter. In addition, a representative sample and descriptive marketing literature were previously submitted to this office.
The spreadable cheese products will be imported and sold in retail tubes and/or tubs of various sizes. The representative sample (corresponding to “mild taste cheese spread,” the third item listed below) consists of a very soft off-white paste packed in a sealed, collapsible metal tube resembling a toothpaste container. The net weight is 250 grams. The unopened product can be stored at room temperature for up to 12 months. Once opened (by puncturing the metal seal), it can be used for up to a week (for camping, etc.) without refrigeration; if refrigerated, it will be good for 2-3 weeks or longer.
Based on the submitted manufacturer’s “flow chart,” it appears that all varieties will be made by grinding pre-existing natural cheese, adding water, emulsifying salts and, in some cases, other ingredients, and then heating, melting and mixing the constituents together to form the finished, spreadable paste.
The five varieties and their respective ingredients are as follows:
“Cheese spread with smoked turkey” contains Edamer cheese (38%), skimmed milk, water, butter, smoked turkey (8%), emulsifying salts and flavoring. The fat content of the finished product is 17% on an overall (as-is) basis.
“Strong taste cheese spread” (“sharper mild”) contains Edamer cheese (60%), water and emulsifying salts. The fat content of the finished product is 9% on an overall (as-is) basis.
“Mild taste cheese spread” contains Edamer cheese (55%), water and emulsifying salts. The fat content of the finished product is 8% on an overall (as-is) basis.
“Low fat cheese spread” contains Edamer cheese (51%), skimmed milk, water and emulsifying salts. The fat content of the finished product is 4% on an overall (as-is) basis.
“Ripe cheese spread” (“X-tra sharp”) contains Edamer cheese (50%), skimmed milk, water and emulsifying salts. The fat content of the finished product is 13% on an overall (as-is) basis.
If entered under quota, the applicable subheading for all of the above-described varieties of “Fjallbrynt” soft process spreadable cheese will be 0406.30.7300, Harmonized Tariff Schedule of the United States (HTSUS), which provides for cheese and curd: processed (process) cheese, not grated or powdered: other, including mixtures of the above: other: containing, or processed from, Edam or Gouda cheeses: described in additional U.S. note 20 to chapter 4 and entered pursuant to its provisions. The rate of duty will be 10 percent ad valorem.
Imports under subheading 0406.30.7300, 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
If entered outside the quota (i.e., without an import license), the applicable subheading for all of the above-described “Fjallbrynt” products will be 0406.30.7500, HTSUS, which provides for cheese and curd: processed (process) cheese, not grated or powdered: other, including mixtures of the above: other: containing, or processed from, Edam or Gouda cheeses: other. The rate of duty will be $1.803 per kilogram. Also, products classified in subheading 0406.30.7500, HTSUS, will be subject to additional safeguard duties based on their value, as described in subheadings 9904.05.83—9904.05.93.
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 may be addressed to the following:
U.S. Department of Agriculture (USDA)
APHIS, VS, NCIE
Products Program
4700 River Road, Unit 40
Riverdale, MD 20737-1231
Tel: (301) 734-3277
Website: www.aphis.usda.gov
USDA
FSIS
Technical Service Center
Suite 300, Landmark Center
1299 Farnam Street
Omaha, NE 68102
Tel. (888) 287-7194 or (402) 344-5000
Website: www.fsis.usda.gov
E-mail address: [email protected]
Food and Drug Administration (FDA)
10903 New Hampshire Ave.
Silver Spring, MD 20993
Tel.: (888) 463-6332
Website: www.fda.gov
This merchandise is also 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,
Thomas J. Russo
Director
National Commodity Specialist Division