CLA-2-04:OT:RR:NC:N2:231

Ms. Carla Graca
All-Ways Forwarding International Inc.
701 Newark Avenue
Elizabeth, NJ 07208

RE: The tariff classification of Freeze Dried Cheddar Cheese from Australia

Dear Ms. Graca:

In your letter dated February 19, 2020, you requested a tariff classification ruling on behalf of J.F. Braun & Sons, Inc. (Elizabeth, New Jersey). This office will retain the sample that was submitted with this ruling.

The subject merchandise is Freeze Dried Cheddar Cheese composed of pasteurized cow milk, salt, cultures, and non-animal rennet (enzyme). The product, which is diced into 10-millimeter cubes will be imported in 10-kilogram vacuum sealed foil bags and sold to wholesalers.

The applicable subheading for Freeze Dried Cheddar Cheese, if entered under quota, will be 0406.90.0890, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "cheese and curd: other cheese: Cheddar cheese: described in additional U.S. note 18 to this chapter and entered pursuant to its provisions...Other." The rate of duty will be 12 percent ad valorem.

Imports under subheading 0406.90.0890, 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

If entered outside the quota (i.e., without an import license), the applicable tariff provision for the product will be 0406.90.1200, HTSUS, which provides for "cheese and curd: other cheese: Cheddar cheese: Other." The general rate of duty will be $1.227 per kilogram. In addition, products classified in subheading 0406.90.1200, HTS, may be subject to additional safeguard duties based on value as described in subheadings 9904.05.59-9904.05.73.

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 may be addressed to the following:

U.S. Department of Agriculture (USDA) APHIS, VS, NCIE Products Program 4700 River Road, Unit 40 Riverdale, MD 20737-1231 Tel: (301) 851-3300 Email: AskNCIE.Products@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 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 Ekeng Manczuk at ekeng.b.manczuk@cbp.dhs.gov.


Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division