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

Ms. Jill A. Seale
Food Match Inc.
575 Eighth Avenue (23rd Floor)
New York, NY 10018

RE: The tariff classification of mixed sheep’s/goat’s milk cheeses from Greece.

Dear Ms. Seale:

In your letter dated April 11, 2011, you requested a tariff classification ruling on five kinds of cheese. Samples and specification sheets accompanied your request.

Item “a” is identified as Feta Cheese in 2-kg original loaves. The ingredients are sheep’s milk (70%), goat’s milk (30%), rennet, culture and sea salt. The moisture content is stated to be not more than 56%, and the fat content is stated to be at least 43% of the dry matter. Feta is a brine-ripened, soft, white cheese.

Item “b” is identified as Feta Cubes with Mixed Herbs & Olive Oil. This appears to be the same cheese as item “a”, but it has been diced into 1.5 cm cubes and packed in olive oil and herbs. The package (a 150-gram retail plastic tub) is said to contain 125 grams of Feta cubes, 24 grams of olive oil and one (1) gram of herbs.

Item “c”, Feta Cheese, is the same as item “a”, except that the loaf of cheese has been cut into a 200-gram wedge or block, individually retail-packaged in a sealed plastic pouch.

Item “d” is Kasseri Cheese in a 170-gram retail package. The ingredients are sheep’s milk (80%), goat’s milk (20%), rennet, sea salt and culture. The moisture content is stated to be not more than 45%, and the fat content is stated to be at least 40% of the dry matter. Kasseri is a ripened, pale yellow, semi-hard, stretched-curd cheese. Item “e” is Kefalotyri Cheese in a 170-gram retail package. The ingredients are sheep’s milk (85%), goat’s milk (15%), salt, cultures and rennet. The moisture content is stated to be not more than 40%, and the fat content is stated to be at least 40% of the dry matter. Kefalotyri is a ripened, yellowish-white, hard cheese.

The applicable subheading for all of the above cheeses will be 0406.90.9900, 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: other, including mixtures of the above (excluding goods containing mixtures of subheadings 0406.90.61 or 0406.90.63): other: other: other. The rate of duty will be 8.5 percent 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 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 Web site: www.aphis.usda.gov

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