CLA-2-04:OT:RR:NC:N4:231
Mr. Scott H. Jacobs
Atalanta Corporation
Atalanta Plaza
Elizabeth, NJ 07206
RE: The tariff classification of a cheese/yogurt spread from Greece.
Dear Mr. Jacobs:
In your letter dated October 20, 2015 you requested a tariff classification ruling. In response to an inquiry by this office, you also forwarded some additional technical information, which was received here on November 19, 2015.
A sample accompanying your initial submission has been examined and will be disposed of. It is a metal can containing 6 ounces of a thick, smooth off-white paste identified as “Real Greek Spread.” The stated ingredients are feta cheese (pasteurized sheep’s milk, salt, cheese culture, rennet), Greek-style yogurt (pasteurized cow’s milk, cream, milk protein, cultures), cream, milk protein, water, sodium phosphate and sodium hexametaphosphate. (The Greek-style yogurt ingredient is said to consist of “strained yogurt,” which, we would note, is yogurt from which whey has been drained, and which is sometimes known as “yogurt cheese.”) The spread is said to have a moisture content of 58-60% and a fat content of 20-22%. It has a salty, slightly tart taste.
In the manufacturing process, the feta cheese, Greek-style yogurt and other ingredients are heated and blended together to form the finished spread. The sodium phosphate and sodium hexametaphosphate act as emulsifying agents.
The applicable subheading for the “Real Greek Spread,” if entered under quota, will be 0406.30.8900, 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: other: other: containing cow’s milk: 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 0406.30.8900, 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 “Real Greek Spread,” if entered outside the quota, will be 0406.30.9100, HTSUS, which provides for cheese and curd: processed (process) cheese, not grated or powdered: other, including mixtures of the above: other: other: other: containing cow’s milk: other. The rate of duty will be $1.509 per kilogram. In addition, products classified in subheading 0406.30.9100, HTSUS, will be subject to additional safeguard duties based on their value, as described in subheadings 9904.06.38—9904.06.48.
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) 851-3300
Email: [email protected]
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 the email address [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division