CLA-2-04:OT:RR:NC:2:231
Mr. Scott H. Jacobs
Atalanta Corporation
Atalanta Plaza
Elizabeth, N.J. 07206
RE: The tariff classification of “Gamekeeper” cheese from England.
Dear Mr. Jacobs:
In your letter dated November 30, 2011, you requested a tariff classification ruling.
The item in question is “Gamekeeper” cheese, which is described as mature Cheddar layered with Shropshire Blue cheese. A sample submitted with your inquiry is a 1.6-kg half-round loaf of off-white cheese (Cheddar) incorporating two distinct, parallel layers of blue-veined, orange-colored cheese (Shropshire Blue) running most of the way through the center of the mass. The Cheddar portion is said to comprise roughly two-thirds of the overall product, by weight, with the central Shropshire Blue layers comprising about one-third. A manufacturing flow chart appears to indicate that pieces of the two types of pre-existing natural cheese are layered within a hoop and then pressed together, without the aid of heat or additives, to form the combined product.
The ingredients of the Cheddar portion are said to be milk, salt, starter cultures and chymosin. The ingredients of the Shropshire Blue portion are said to be milk, salt, annatto, vegetarian rennet, starter cultures and mold cultures. The overall moisture content is stated to be less than 42 percent. The fat content of the dry matter is said to be over 48 percent.
We find that the Shropshire Blue layers evince a distinctive, pronounced, piquant blue-cheese flavor that predominates overall, thereby imparting the character of the combined product.
The applicable subheading for the “Gamekeeper” cheese, if imported under quota, will be 0406.90.7200, 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): containing, or processed from, blue-veined cheese: described in additional U.S. note 17 to chapter 4 and entered pursuant to its provisions. The rate of duty will be 10% ad valorem.
Imports under subheading 0406.90.7200, 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 “Gamekeeper” cheese, if imported outside the quota (i.e., without a USDA cheese-import license), will be 0406.90.7400, 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): containing, or processed from, blue-veined cheese: other. The rate of duty will be $2.269 per kilogram. Also, products classified in subheading 0406.90.7400, HTSUS, will be subject to additional safeguard duties based on their value, as described in subheadings 9904.05.48—9904.05.57.
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