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 a processed cheese spread 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 item in question is one variety of “Fjällbrynt” brand soft process cheese spread. This variety, identified as “Fjallbrynt Cheese Spread with Blue Cheese (Ädelost),” is made with Edamer cheese (from cow’s milk), blue-veined cheese and other constituents. An ingredients breakdown and a manufacturer’s “flow chart” accompanied your letter. In addition, a sample and descriptive marketing literature were previously submitted to this office.
The product will be imported and sold in retail tubes. The submitted sample consists of a very soft off-white paste packed in a sealed, collapsible metal tube resembling a toothpaste container. It has a distinctive blue-cheese flavor. The net weight is 175 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 the product will be made by grinding two kinds of pre-existing natural cheese, adding water, emulsifying salts and other ingredients, and then heating, melting and mixing the constituents together to form the finished, spreadable paste.
The ingredients of the “Fjallbrynt Cheese Spread with Blue Cheese (Adelost)” are water, Edamer cheese (30%), butter, blue cheese (14%), emulsifying salts and flavoring. The fat content of the finished product is 24% on an overall (as-is) basis.
If entered under quota, the applicable subheading for the “Fjallbrynt Cheese Spread with Blue Cheese (Adelost)” will be 0406.30.6100, 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, blue-veined cheese (except Roquefort): described in additional U.S. note 17 to chapter 4 and entered pursuant to its provisions. The rate of duty will be 10 percent ad valorem.
Imports under subheading 0406.30.6100, 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 the “Fjallbrynt Cheese Spread with Blue Cheese (Adelost)” will be 0406.30.6300, 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, blue-veined cheese (except Roquefort): other. The rate of duty will be $2.269 per kilogram. Also, products classified in subheading 0406.30.6300, HTSUS, will be subject to additional safeguard duties based on their value, as described in subheadings 9904.05.48—9904.05.57.
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
Food and Drug Administration (FDA)
10903 New Hampshire Ave.
Silver Spring, MD 20993
Tel.: (888) 463-6332
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