CLA-2-04:OT:RR:NC:N5:231
Ms. Charlene Riley
John A. Steer Co.
331 Main Street Metuchen, NJ 08840
RE: The tariff classification of Hard Cheeses from Estonia
Dear Ms. Riley:
In your letter dated August 25, 2023, you requested a tariff classification ruling on behalf of your client, Valio USA Inc. (Parsippany, NJ).
There are two cheese products under review, known as Forte Speciale and Gran Regale. The products are described as hard, semi-fat ripened cheeses suitable for use either as is, or in recipes in grated or shredded forms. The two hard cheese products are imported in refrigerated trucks and containers and in the package sizes described below for each respective kind.
Forte Speciale Cheese is a hard, granular, slightly crumbly, semi-fat long-ripened cheese composed of pasteurized cow’s milk, cultures, calcium chloride (firming agent), sea salt, and egg lysozyme (preservative). The cheese is said to be whitish yellow with a strong, slightly sweet, piquantly sharp, mild salty taste. The cheese contains moisture (32-36 percent), salt (1.7 percent), and fat (24-28 percent). You state that holes are typically absent from the cheese but that small cracks may be present. Maturation is twenty months and package size is 80 grams.
Gran Regale Cheese is a hard, semi-fat ripened cheese made of pasteurized cow’s milk, sea salt, calcium chloride (firming agent), cultures, enzymes, and egg lysozyme (preservative). The cheese is said to be whitish yellow with a strong, slightly sweet, piquantly sharp, mild salty taste. The cheese contains moisture (32-36 percent), salt (1.7 percent), and fat (24-28 percent). You state that holes are typically absent from the cheese but that small cracks may be present. Maturation is eight to fourteen months and package sizes are 180 grams, 1 kg, 4 kg, and 33 kg.
The applicable subheading for the Forte Speciale and Gran Regale Cheeses, if entered under quota, will be 0406.90.9500, 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: Containing cow’s milk (except soft-ripened cow’s milk cheese): Described in additional U.S. note 16 to chapter 4 and entered pursuant to its provisions.” The rate of duty will be 10 percent ad valorem. Imports under subheading 0406.90.9500, 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) 1400 Independence Avenue, SW Washington, DC 20250-1029 Tel: (202) 720-1344 The applicable subheading for the Forte Speciale and Gran Regale Cheeses, if imported outside the quota (i.e., without a USDA cheese-import license), will be 0406.90.9700, 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: Containing cow’s milk (except soft-ripened cow’s milk cheese): Other.” The general rate of duty will be $1.509 per kilogram. In addition, products classified in subheading 0406.90.9700, HTSUS, will be subject to additional duties based on their value, as described in subheadings 9904.06.38 to 9904.06.49, HTSUS.
Importations of this merchandise are subject to regulations administered by various U.S. agencies. Requests for information regarding applicable regulations administered by the 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]
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 the World Wide Web at https://hts.usitc.gov/current.
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of CBP and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
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 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