CLA-2-04:RR:NC:2:231 G85117
Mr. Andrew Jacobson
Yankee Export Solutions
70 South Street
Freehold, NJ 07728
RE: The tariff classification of feta cheese from Bulgaria.
Dear Mr. Jacobson:
In your letter, dated December 4, 2000, you requested a classification ruling.
The merchandise is described thus:
“Creamy Premium Bulgarian Feta” (from sheep’s milk) – It is also known as Bulgarian, white, brined, sheep’s milk cheese. The ingredients are pasteurized sheep’s milk, salt, calf rennet, and natural culture. It contains by weight 50.53 percent moisture, 24.49 percent fat, 16.74 percent protein, 4.14 percent ash, and 4.1 percent carbohydrates (comprised of 0.0 percent sugar and 4.1 percent other carbohydrates). Coagulation is accomplished by the addition of a protease enzyme (rennet). The net weight is 7 ounces; there will be 12 packages (of 7 ounces each) per carton.
“Creamy Premium Bulgarian Feta” (from cow’s milk) – It is also known as Bulgarian, white, brined, cow’s milk cheese. The ingredients are pasteurized cow’s milk, salt, calf rennet, and natural culture. It contains by weight 53.14 percent moisture, 22.01 percent fat, 18.95 percent protein, 4.1 percent ash, and 1.76 percent carbohydrates (comprised of 0.55 percent sugar and 1.21 percent other carbohydrates). Coagulation is accomplished by the addition of a protease enzyme (rennet). The net weight is 7 ounces; there will be 12 packages (of 7 ounces each) per carton.
The principal use will be for retail sale to the general public at supermarket stores and specialty cheese stores.
The applicable subheading for feta cheese from sheep’s milk (item 1) will be 0406.90.5700, 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, cheeses made from sheep’s milk, pecorino, in original loaves, not suitable for grating. The rate of duty will be free. In 2001 the rate of duty will remain the same.
The applicable subheading for feta cheese from cow’s milk (item 2), if entered under quota, will be 0406.90.9500, 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. In 2001 the rate of duty will remain the same.
The applicable subheading for feta cheese from cow’s milk (item 2), 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 2001 the rate of duty will remain the same. 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