CLA-2-04:OT:RR:NC:N2:231
Mr. Aaron Bier
Brauner International Corp.
66 York Street (Suite 100)
Jersey City, NJ 07302
RE: The tariff classification of cheese, flavored oils, and stuffed olives from Spain.
Dear Mr. Bier:
In your letter dated March 11, 2014, you requested a tariff classification ruling on behalf ACA USA Inc. Samples representing six products accompanied your request.
“Manchego Style Cheese & Olive Oil” consists of cheese sticks packed in extra-virgin olive oil in a 10.58-ounce (net weight) glass jar. The drained weight is 5.29 ounces. The cheese contains cow’s, sheep’s and goat’s milk, rennet and salt.
“Manchego Style Cheese: Herbs & Olive Oil” is the same as the above, but with the addition of some rosemary, savory and black peppercorns immersed in the oil in which the cheese sticks are packed.
“Manchego Style Cheese: Garlic & Olive Oil” is another variation of the same product; in this case the cheese sticks are in olive oil containing one or more cloves of garlic and some black peppercorns.
The applicable subheading for the three products described above, if imported 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 (USDA)
Stop 1029
1400 Independence Avenue, SW
Washington, DC 20250-1029
Tel: (202) 720-1344
The applicable subheading for the three products described above, if imported outside the quota (i.e., without a USDA cheese-import license), 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.
“Cheese Flavored Extra Virgin Olive Oil: Herbs & Spice” is an 8.45 fluid ounce glass bottle of olive oil containing a few small slivers of Manchego-style cheese, some peppercorns and a few sprigs of rosemary and savory. The label indicates that the product can be used as a dip, as a salad dressing, or to add piquancy to cooking.
“Cheese Flavored Extra Virgin Olive Oil: Garlic & Spice” is an 8.45 fluid ounce glass bottle of olive oil containing a few small slivers of Manchego-style cheese, two cloves of garlic and some black peppercorns. Suggested uses are the same as indicated above.
The applicable subheading for both of the foregoing versions of flavored olive oil will be 2103.90.8000, HTSUS, which provides for sauces and preparations therefor; mixed condiments and mixed seasonings…other: other: mixed condiments and mixed seasonings: other. The rate of duty will be 6.4% ad valorem.
The last item is a 13.35 ounce (net weight) glass jar of “Martini Green Olives Stuffed with Vermouth.” The drained weight is 7.05 ounces. These are whole green olives in a saline solution. The label indicates that each olive is stuffed with “an edible pod of vermouth.” The ingredients listing reads as follows: “martini olives, water, vermouth paste (sodium alginate, guar gum, calcium chloride, flavor), salt, citric acid and ascorbic acid; Contains alcohol: dry vermouth 1.3%.”
The applicable subheading for the “Martini Green Olives Stuffed with Vermouth” will be 2005.70.2550, HTSUS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006: olives: in a saline solution: green in color: pitted or stuffed: other: in containers each holding 8 kg or less, drained weight: whole stuffed. The rate of duty will be 8.6 cents per kilogram on drained weight.
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,
Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division