CLA-2-04:RR:NC:2:231 F86201
Mr. Stephen DeCastro
All-Ways Forwarding International, Inc.
Hemisphere Center
570 U.S. Routes 1 & 9 South
Newark, NJ 07114
RE: The tariff classification of Galbanino cheese from Italy.
Dear Mr. DeCastro:
In your letter, dated April 17, 2000, you requested a classification ruling on behalf of your client, Cucina Classica Italiana.
Galbanino cheese is a full fat, soft cheese that is pale yellow in color and mild flavored; it has a smooth, well-knit curd. A sample, retail packed in a clear, plastic bag, contained 300 grams (about 10.7 ounces) of cheese that is surface coated with a protective micro wax. The cheese is made from cow’s milk, rennet and salt, and is said to consist of 47 percent moisture and 53 percent dry matter. The milk fat content is shown as 26.5 percent (50 percent in the dry matter), with a pH of 5.0.
The applicable subheading for Galbanino cheese, if entered under quota, will be 0406.90.9500, Harmonized Tariff Schedule of the United States (HTS), 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 percent ad valorem.
The applicable subheading for Galbanino cheese, if entered outside the quota, will be 0406.90.9700, HTS, 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), other. The rate of duty will be $1.509 per kilogram. In addition, products classified in subheading 0406.90.9700, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.06.38 – 9904.06.49, HTS.
For goods classified in subheading 0406.90.9500, an import license, issued to the importer by the United States Department of Agriculture, will be required at the time such merchandise is entered for consumption into the United States.
Questions regarding licensing procedures and applications for licenses to import cheese subject to quota should be addressed to:
Import Quota Manager for Dairy Products
STOP 1029/Room 5531-S
U.S. Department of Agriculture
1400 Independence Ave., S.W.
Washington, DC 20250-1029
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 Thomas Brady at 212-637-7064.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division