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 blue cheese from Canada.
Dear Mr. Meunier:
In your letter dated March 30, 2010, you requested a tariff classification ruling.
Although you neglected to give the name of the item in question, your description of it matches that found on your company’s website for “Ermite” cheese. “Ermite” is a semi-soft, rindless, blue-veined cheese made from pasteurized cow’s milk. A photo of this cheese posted on your website shows it to have a pale yellow body with streaks and spots of blue mold distributed throughout. The cheese, which is said to be ripened over 60 days, has a fat content of 30% and a moisture content of 41%. It is further described as having a “slightly elastic and granulous texture,” and a “strong and pleasant mushroom aroma accompanied by a consistent taste that is typical of blue cheese.”
The applicable subheading for the “Ermite” cheese, if imported in original loaves, and if imported under quota, will be 0406.40.5400, Harmonized Tariff Schedule of the United States (HTSUS), which provides for cheese and curd: blue-veined cheese and other cheese containing veins produced by Penicillium roqueforti: other: described in additional U.S. note 17 to chapter 4 and entered pursuant to its provisions: in original loaves. The general rate of duty will be 15% ad valorem.
The applicable subheading for the “Ermite” cheese, if not in original loaves, and if imported under quota, will be 0406.40.5800, HTSUS, which provides for cheese and curd: blue-veined cheese and other cheese containing veins produced by Penicillium roqueforti: other: described in additional U.S. note 17 to chapter 4 and entered pursuant to its provisions: other. The general rate of duty will be 20% ad valorem.
Imports under subheadings 0406.40.5400 and 0406.40.5800, HTSUS, require an import license, in accordance with terms and conditions provided in regulations issued by the Secretary of Agriculture, subject to the approval of the United States Trade Representative (USTR). The regulations may provide for the reallocation among supplying countries or areas of unfilled quantities, subject to USTR approval.
Questions regarding licensing procedures and applications for licenses to import cheese subject to quota should be addressed to:
Import Quota Manager for Dairy Products
U.S. Department of Agriculture (USDA)
Stop 1029
1400 Independence Avenue, SW
Washington, DC 20250-1029
Tel: (202) 720-1344
The applicable subheading for the “Ermite” cheese, whether or not in original loaves, if imported outside the quota (i.e., without a USDA cheese-import license), will be 0406.40.7000, HTSUS, which provides for cheese and curd: blue-veined cheese and other cheese containing veins produced by Penicillium roqueforti: other: other. The general rate of duty will be $2.269 per kilogram.
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