CLA-2-04:RR:NC:2:231 F87213
Mr. Javier Sandrone
Sucesores de Alfredo Williner S.A.
Bv. Julio A. Roca 883
2300 Rafaela
Sta Fe
Argentina
RE: The tariff classification of Swiss style cheese and Gruyere cheese from Argentina.
Dear Mr. Sandrone:
In your letter, dated April 19, 2000, you requested a classification ruling on behalf of your client, Picotto Holding, Inc., Miami, FL.
The merchandise is described thus:
Swiss style cheese - not in original loaves, divided into portions. The product is a semi-fatty cheese with low moisture. Its body has been cooked, molded, pressed, salted, and partially ripened at a high temperature. The texture is compact and smooth (with elastic consistency), and the cheese has some medium and large well-disseminated holes. The light orange body has a strong, sweet, seasoned flavor and a strong and well-developed aroma. The submitted sample is an orange wedge that has a net weight of 180 grams. These retail-packed wedges are cut from a cylindrical loaf (with a convex lateral) that weighs 9.1 kilograms. The original loaf is cut into 40 wedges of equal weight and individually packaged in heat sealed plastic. Swiss style cheese is said to consist of 65 percent solid matter, 43 percent fat, 42 percent protein, and 1.7 percent sodium chloride. The pH is 5.5. The ingredients are shown as pasteurized milk, lactic ferments, sodium chloride, calcium chloride, and rennet.
Gruyere cheese – not in original loaves, divided into portions. The product is a fatty/semi-fatty cheese with low moisture. Its body has been cooked, molded, pressed, salted, and partially ripened at a high temperature. The texture is compact and smooth (with elastic consistency), and the cheese has medium, well-disseminated holes. The light orange body is highly seasoned in flavor, well developed, and strong in aroma. The submitted sample is an orange wedge that has a net weight of 160 grams. These retail-packed wedges are cut from a cylindrical loaf (with a convex lateral) that weighs 11.8 kilograms. The original loaf is cut into 40 wedges of equal weight and individually packaged in heat sealed plastic. Gruyere cheese is said to consist of 66 percent solid matter, 44 percent fat, 42 percent protein, and 1.7 percent sodium chloride. The pH is 5.5. The ingredients are shown as pasteurized milk, lactic ferments, sodium chloride, calcium chloride, rennet, and natural coloring.
The applicable subheading for Swiss style cheese and Gruyere cheese, if entered under quota, will be 0406.90.4600, Harmonized Tariff Schedule of the United States (HTS), 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 percent ad valorem.
The applicable subheading for Swiss style cheese and Gruyere cheese, if entered outside the quota, will be 0406.90.4800, HTS, 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. In addition, products classified in subheading 0406.90.4800, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.06.06 – 9904.06.18, HTS.
For goods classified in subheading 0406.90.4600, an import license, issued to the importer by the United States Department of Agriculture, will be required at the time such merchandise is entered for consumption into the United States.
Questions regarding licensing procedures and applications for licenses to import cheese subject to quota should be addressed to:
Import Quota Manager for Dairy Products
STOP 1029/Room 5531-S
U.S. Department of Agriculture
1400 Independence Ave., S.W.
Washington, DC 20250-1029
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 Thomas Brady at 212-637-7064.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division