CLA-2-04:OT:RR:E:NC:2:231

Ms. Cheryl Renna
Michael Angelo’s Importing LLC
200 Michael Angelo Way
Austin TX 78728

RE: The tariff classification of Pecorino Romano (sheep’s milk cheese) from Italy.

Dear Ms. Renna:

In your letter dated March 17, 2009, you requested a tariff classification ruling.

The ruling was requested on Pecorino Romano cheese in the form of whole wheels (intact original loaves), each wrapped in Cryovac® but not packed in a box. The milk used in producing the cheese is said to be 100 percent sheep’s milk. The cheese is stated to have a moisture content of 32 to 34 percent, and a fat content (on a dry basis) of at least 45 percent.

The applicable subheading for the above-described Pecorino Romano cheese will be 0406.90.5600, 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: in original loaves and suitable for grating. The rate of duty will be Free.

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 World Wide Web at http://www.usitc.gov/tata/hts/.

Importations of cheese 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) 734-3277

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 the 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).

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 Nathan Rosenstein at (646) 733-3030.


Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division