CLA-2-04:OT:RR:NC:N5:231
Mr. Dave Hamburger
All-Ways Forwarding
701 Newark Avenue Elizabeth, NJ 07208
RE: The tariff classification of Organic Feta Cheese from Greece
Dear Mr. Hamburger:
In your letter dated October 2, 2024, you requested a tariff classification ruling on behalf of your client, Atalanta Corporation (Elizabeth, NJ).
The subject merchandise is Organic Feta Cheese composed of pasteurized organic sheep’s milk, salt, rennet and lactic cultures. The moisture content is 50 percent minimum and 56 percent maximum, and the total fat content is 32 percent. The product is white, soft, and solid with some mechanical holes, and cut into slices that are then preserved in brine. The feta cheese is packed in a plastic Tupperware container with a net weight of 800 grams, and is intended for sale to supermarkets, delicatessen stores, and wholesalers upon importation to the United States.
You have suggested classification in 0406.90.5700, Harmonized Tariff Schedule of the United States (HTSUS). We disagree. Feta is a soft variety cheese with an average moisture content that is generally at or exceeds 50 percent. Significantly, the product here is neither below 34 percent moisture nor in original loaves suitable for grating in subheading 0406.90.5600, HTSUS, nor is the cheese a pecorino in original loaves in subheading 0406.90.5700, HTSUS.
The applicable subheading for the Feta Cheese will be 0406.90.5900, 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: Cheeses made from sheep’s milk: Other.” The rate of duty will be 9.6 percent ad valorem.
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.
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] The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of CBP and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
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).
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Ekeng Manczuk at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division