CLA-2-04:OT:RR:NC:2:231
Mr. Robert Gardenier
M.E. Dey & Co., Inc.
POB 37008
Milwaukee, WI 53237-0080
RE: The tariff classification of grated Parmesan cheese from an unspecified country.
Dear Mr. Gardenier:
In your letter dated June 15, 2010, you requested a tariff classification ruling on behalf of Sargento Foods Inc. (Plymouth, WI). A product data sheet accompanied your request.
The item in question is described as finely grated Parmesan cheese (aged 10 months or more) that has been dried to a moisture level required to make it shelf stable. The ingredients are pasteurized milk (assumed to be cow’s), salt, cheese cultures, enzymes, powdered cellulose (to prevent caking) and potassium sorbate (preservative). The product is said to contain approximately 34 percent fat (dry basis) and less than 22 percent moisture. It will be imported in 3-ounce plastic canisters labeled for retail sale. The canisters are said to have closures incorporating a shaker feature and a spoon-out feature.
The applicable subheading for the above-described canisters of grated Parmesan cheese, if entered under quota, will be 0406.20.5100, Harmonized Tariff Schedule of the United States (HTSUS), which provides for cheese and curd: grated or powdered cheese, of all kinds: Romano made from cow’s milk, Reggiano, Parmesan, Provolone, Provoletti, Sbrinz and Goya cheeses: other: made from cow’s milk: described in additional U.S. note 21 to chapter 4 and entered pursuant to its provisions. The general rate of duty will be 15% ad valorem.
Imports under subheading 0406.20.5100, 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
Stop 1029
1400 Independence Avenue, SW
Washington, DC 20250-1029
Tel: (202) 720-1344
The applicable subheading for the canisters of grated Parmesan cheese, if entered outside the quota, will be 0406.20.5300, HTSUS, which provides for cheese and curd: grated or powdered cheese, of all kinds: Romano made from cow’s milk, Reggiano, Parmesan, Provolone, Provoletti, Sbrinz and Goya cheeses: other: made from cow’s milk: other. The general rate of duty will be $2.146 per kilogram. In addition, products classified in subheading 0406.20.5300, HTSUS, will be subject to additional safeguard duties based on their value, as described in subheadings 9904.05.95—9904.06.04
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.
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/.
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