CLA-2-04:OT:RR:NC:N2:231
Ms. Janelis Langaney
Customs Brokers Outsourcing Corp.
3785 NW 82 Avenue
Suite No. 304
Doral, FL 33166
RE: The tariff classification of Cheeses from Argentina
Dear Ms. Langaney:
In your letter dated July 12, 2019, you requested a tariff classification ruling on behalf of your client, Logitrader LLC (Miami Springs, FL).
The subject merchandise is La Tarantela brand Mozzarella Cheese, Provolone Cheese, Sardo Cheese (also known as Argentine Sardo or Sardo Argentino) and Danbo Cheese. The stated ingredients for all four cheeses are pasteurized cow’s milk (98.7 percent), lactic bacteria culture, sodium chloride, calcium chloride, and rennet. The Danbo cheese contains natural coloring as an additional ingredient.
The applicable subheading for Mozzarella Cheese, if entered under quota, will be 0406.10.8400, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Cheese and curd: Fresh (unripened or uncured) cheese, including whey cheese, and curd: Other: Other: Other: Other cheese and substitutes for cheese (except cheese not containing cow’s milk, and 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 percent ad valorem.
The applicable subheading for the Mozzarella Cheese, if entered outside the quota, will be 0406.10.8800, HTSUS, which provides for “Cheese and curd: Fresh (unripened or uncured) cheese, including whey cheese, and curd: Other: Other: Other: Other cheese and substitutes for cheese (except cheese not containing cow’s milk, and soft ripened cow’s milk cheese): Other.” The rate of duty will be $1.509 per kilogram. Products classified in subheading 0406.10.8800, HTSUS, will be subject to additional safeguard duties based on their value, as described in subheadings 9904.06.38—9904.06.49.
The applicable subheading for the Provolone Cheese, if entered under quota, will be 0406.90.4100, HTSUS, which provides for “Cheese and curd: Other cheese: Romano made from cow’s milk, Reggiano, Parmesan, Provolone and Provoletti cheeses: Other: Made from cow’s milk: Described in additional U.S. note 21 to chapter 4 and entered pursuant to its provisions.” The rate of duty will be 15% ad valorem.
The applicable subheading for the Provolone Cheese, if entered outside the quota, will be 0406.90.4200, HTSUS, which provides for “Cheese and curd: Other cheese: Romano made from cow’s milk, Reggiano, Parmesan, Provolone and Provoletti cheeses: other: Made from cow’s milk: Other.” The rate of duty will be $2.146 per kilogram. Products classified in subheading 0406.90.4200, HTSUS, are also subject to additional safeguard duties based on their value, as set forth in subheadings 9904.05.95—9904.06.05, HTSUS.
The applicable subheading for the Sardo Cheese and Danbo Cheese, if entered under quota, will be 0406.90.9500, 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.
The applicable subheading for the Sardo Cheese and Danbo Cheese, if entered outside the quota, 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. 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—9904.06.49.
Imports under subheading 0406.10.8400, 0406.90.4100 and 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
Stop 1029
1400 Independence Avenue, SW
Washington, DC 20250-1029
Tel: (202) 720-1344
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
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 the World Wide Web at https://hts.usitc.gov/current.
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 Division