CLA-2-04:RR:NC:2:231 K81170

Mr. Roland Cote
International Custom Products, Inc.
Oklahoma-Salem Road
P.O. Box 527A
Dubois, PA 15801

RE: The tariff classification of fresh cheeses, made from Water Buffalo Milk, from India.

Dear Mr. Cote:

In your letter, dated November 12, 2003, you have requested a tariff classification ruling.

The merchandise is described, as follows:

1. Buffalo milk cheese - This is a fresh (unripened or uncured) cheese made from 100 percent buffalo milk. The ingredients are fresh buffalo milk, cheese cultures, salt, and enzymes. The cheese contains 34.5 percent moisture, 34.5 percent milk fat, 24.5 percent protein, and 1.8 percent salt. The pH is 5.0-5.2. The product will be imported in 20 kilogram blocks. 2. Low Moisture Buffalo Milk Mozzarella Cheese - This is a fresh (unripened or uncured) cheese made from 100 percent buffalo milk. The ingredients are fresh buffalo milk, cheese cultures, salt, and enzymes. The cheese contains 48.5 percent moisture, 24.5 percent protein, 24 percent milk fat, and 2.5 percent mineral salts. The product will be imported in 3-20 kilogram blocks and/or in 2.5- 20 kilogram shredded form.

The applicable subheading for fresh Buffalo Milk cheese and fresh, low moisture Buffalo Milk Mozzarella cheese will be 0406.10.9500, Harmonized Tariff Schedule of the United States (HTS), which provides for cheese and curd, fresh (unripened or uncured) cheese, including whey cheese, and curd, other, other, other, other. The rate of duty will be 8.5 percent ad valorem.

Importations of these products are subject to import regulations administered by various U.S. agencies. Requests for information regarding applicable regulations administered by the U.S. Department of Agriculture may be addressed to that agency at the following location:

A.P.H.I.S., Veterinary Services Federal Building, Room 756 6505 Belcrest Road Hyattsville, MD 20782 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 (646) 733-3030.

Sincerely,

Robert B. Swierupski
Director
National Commodity
Specialist Division