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

Mr. Pierre Meunier
Fromages CDA
11760 4th Ave.
Riviere-des-prairies, Quebec H1E 5Y2
Canada

RE: The tariff classification of sheep’s-milk cheese from Canada.

Dear Mr. Meunier:

In your letter dated March 30, 2010, you requested a tariff classification ruling.

The item in question is “Allegretto” cheese, which is described as a firm cheese, ripened for 120 days, made from 100% ewe’s milk. Based on a photo and accompanying information posted on your company’s website, it is a yellow cheese having a subtle yet savory taste. It is said have a fat content of 29% and a moisture content of 40%.

The applicable subheading for the “Allegretto” cheese, if imported in original loaves, will be 0406.90.5700, 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: pecorino, in original loaves, not suitable for grating. The general rate of duty will be free.

The applicable subheading for the “Allegretto” cheese, if not in original loaves, will be 0406.90.5900, 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: other. The general rate of duty will be 9.6% ad valorem.

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 this merchandise 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