Mr. Todd Masters
Albert Uster Imports, Inc.
9211 Gaither Road
Gaithersburg, MD 20877
RE: The tariff classification of powdered Gruyere and Emmentaler cheese from Switzerland.
Dear Mr. Masters:
In your letter, dated January 20, 1998, you have requested a tariff classification ruling.
The products are described thus:
1. "Gruyere Cheesepowder" - granulated cheese powder. The ingredients are Gruyere cheese, water, antioxidant, butter, and salt. It will be packed in 10 and 25 kilogram bags, and it will be sold to manufacturers of crisp bread products.
2. "Swiss Cheesepowder" granulated cheese powder. The ingredients are Swiss cheese, water, antioxidant, butter and salt. It will be pack in 10 and 25 kilogram bags, and it will be sold to manufacturers of crisp bread products.
The applicable subheading for "Gruyere Cheesepowder" and "Swiss Cheesepowder," if imported in quantities that fall within the limits described in additional U.S. note 22 to chapter 4, will be 0406.20.8100, Harmonized Tariff Schedule of the United States (HTS), which provides for cheese and curd, grated or powdered cheese, of all kinds, other, including mixtures of the above, other, containing, or processed from, Swiss, Emmentaler, or Gruyere-process cheeses, described in additional U.S. note 22 to chapter 4 and entered pursuant to its provisions. The rate of duty will be 10 percent ad valorem. If the quantitative limits of additional U.S. note 22 to chapter 4 have been reached, the product will be classified in subheading 0406.20.8300, HTS, and will be dutiable at US $1.468 per kilogram. In addition, products classified in subheading 0406.20.8300, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.06.19 - 9904.06.28, HTS.
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:
U.S. Department of Agriculture Foreign Agricultural Service
Import Policies and Trade Analysis Division
Att: Dairy Import Group, Rm. 5531, So. Bldg.
Washington, DC 20250-1000
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 Ralph Conte at (212) 466-5759.
Robert B. Swierupski