CLA-2:04:OT:RR:NC:N2:231
Dave Hamburger
All-Ways Forwarding
701 Newark Avenue Elizabeth, NJ 07208
RE: The tariff classification of Sveitser Cheese from Norway
Dear Mr. Hamburger:
In your letter dated April 28, 2023, you requested a tariff classification ruling on behalf of your client, Norseland, Inc. (Darien, CT).
The subject merchandise is Sveitser Cheese. The product specification sheet identifies the product in question as having clean, rich, aromatic with a nutty aftertaste. The product is stated to be smooth, sliceable and with dispersed eye formation. Per the submitted flowchart, the cheese is produced by the method generally used for Jarlsberg® cheese and will be imported in the form of wheels, 5 kilograms and 10 kilograms, respectively. The ingredients are stated to be part-skim pasteurized cow's milk, salt, rennet, and bacterial culture. The cheese has a fat content of 28 percent and a moisture content of 39 percent. The ripening period is 9 months.
The applicable subheading for the above-described Sveitser Cheese, if entered under quota, will be 0406.90.4600, Harmonized Tariff Schedule of the United States (HTSUS), which provides for :Cheese and curd: Other cheese: Swiss or Emmentaler cheese with eye formation: Described in additional U.S. note 25 to chapter 4 and entered pursuant to its provisions.” The rate of duty will be 6.4% ad valorem. The applicable subheading for the Sveitser Cheese, if entered outside the quota, will be 0406.90.4800, HTSUS, which provides for: “Cheese and curd: Other cheese: Swiss or Emmentaler cheese with eye formation: Other.” The rate of duty will be $1.877 per kilogram. Also, products classified in subheading 0406.90.4800, HTSUS, will be subject to additional safeguard duties based on their value, as described in subheadings 9904.06.06-9904.06.18. 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 at https://hts.usitc.gov/current
Imports under subheading 0406.90.4600, 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 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) 851-3300 E-mail: [email protected]
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 and Border Protection 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, please contact National Import Specialist Ekeng Manczuk at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division