CLA-2-04:OT:RR:NC:N4:231
Mr John Greenlee
Steer Company
28 South 2nd Street
Philadelphia, PA 19106
RE: The tariff classification of Processed Cheese from Estonia
Dear Mr. Greenlee: In your letter dated April 11, 2017, you requested a tariff classification on behalf of Finlandia Cheese, Inc. (Parsippany, NJ).
The subject merchandise is “Viola Spreadable Processed Cheese with Herbs and Chanterelle Flavor.” The sample was examined and disposed of. The stated ingredients are Tilsit or Edam type cheese (32 percent), water, cream, skimmed milk powder, butter, herb and spice blend (rosemary, sugar, garlic, champignon, capsicum, chilli, tomato and coriander), sugar, chanterelle taste and salt. The fat content of the finished product is between 17 – 19 percent. The product is imported in plastic tub with a net weight of 185 grams.
The applicable subheading for “Viola Spreadable Processed Cheese with Herbs and Chanterelle Flavor,” if entered under quota, will be 0406.30.7300, Harmonized Tariff Schedule of the United States (HTS), which provides for Cheese and curd: Processed (process) cheese, not grated or powdered: Other, including mixtures of the above: 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 dairy products 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 “Viola Spreadable Processed Cheese with Herbs and Chanterelle Flavor,” if entered outside the quota, 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: 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—9904.05.94. 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 https://hts.usitc.gov/current. 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 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 Ekeng Manczuk at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist