CLA-2-04:S:N:N1:229
Mr. Jerome B. Schuman
Arthur Schuman Inc.
P.O. Box 1839
Clifton, NJ 07015
RE: The tariff classification of a mixture of grated PRAMESAN
and ROMANO cheese from Argentina.
Dear Mr. Schuman
In your letter dated January 4, 1989, you requested a
tariff classification ruling.
You describe this product as a mixture of grated Parmesan
cheese and grated Romano cheese, both made from cow's milk, which
will be produced in Argentina for export to the United States.
You state that the ratio of the two cheese varieties will vary in
the mixture "for reasons pertaining to flavor". The imported
product, however, will always contain a minimum of 25 percent by
weight of Romano cheese, with the average weight of the Romano
cheese constituent ranging from 30 to 35 percent. The balance of
the mixture will consist of Parmesan cheese.
The applicable subheading for this mixture of grated
PARMESAN AND ROMANO cheese will be 0406.20.6040, Harmonized
Tariff Schedule of the United States (HTS), which provides for
Other (grated or powdered cheese, of all kinds), including
mixtures of the above:...Other...Containing, or processed from,
Italian-type cheeses (Romano, Reggiano, Parmesan, Provolone,
Provoletti, Sbrinz, and Goya) made from cow's milk. The rate of
duty will be 10 percent ad valorem.
Articles classifiable in HTS subheading 0406.20.6040 are
subject to quota quantity restrictions listed in subchapter IV of
Chapter 99 in HTS subheading 9904.10.45, which limits the amount
of such cheese which may be imported from Argentina to an annual
quota quantity of 643,000 kilograms. Additionally, 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.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport