CLA-2-04:S:N:N1:229
(9904.10.27)
Mr. Philippe Duleyrie
Bridel USA, Inc.
12 Route 17, Suite 315
Paramus, NJ 07652
RE: The tariff classification of plain and flavored CREAM cheese
spread from France.
Dear Mr. Duleyrie:
In your letter dated February 12, 1990, you requested a
tariff classification ruling.
The product in question is described as a CREAM cheese
spread produced from cow's milk by Bridel, France, under the
brand name "Mosaic". A sample cheese consisted of a white,
creamy paste with a clean, acid taste, and is said to have a
butterfat content of 60 percent, by weight, in the dry matter.
This product will be packaged in rectangular plastic cups of 20
grams (less than one ounce) each, net weight. These plastic cups
will be imported put up for retail sale in either blue or a
yellow paperboard sleeves (approximately 4-1/2 x 2-1/2 x 2-1/2
inches), closed on either end, but with two openings per side,
each designed to hold one plastic cup. Each sleeve, therefore,
will hold eight plastic cups in a variety pack including plain
Cream cheese spread and Cream cheese spread flavored with walnut
(0.2 percent content), blue cheese (2.0 percent content), pepper
(1.8 percent content), or garlic and herbs (2.0 percent).
The applicable subheading for this CREAM cheese, whether
PLAIN or flavored with WALNUT, with PEPPER, or with GARLIC and
HERBS, will be 0406.90.8060, Harmonized Tariff Schedule of the
United States (HTS), which provides for other cow's milk cheese
(other than soft-ripened cow's milk cheese and cow's milk cheese
containing not over 0.5 percent by weight of butterfat) not more
specifically provided for. The rate of duty will be 10 percent
ad valorem.
Articles classifiable in HTS subheading 0406.90.8060 are
subject to quota quantity restrictions listed in subchapter IV of
Chapter 99 in HTS subheading 9904.10.54, which limits the amount
of such cheese which may be imported from the European Economic
Community to an annual quota quantity of 20,456,000 kilograms (of
which 353,000 are reserved for Portugal).
The applicable subheading for CREAM cheese, flavored with
BLUE cheese, will be 0406.90.8010, HTS, which provides for other
cheese, including mixtures of the above:...other:...Containing,
or processed from, blue-mold cheese (except Stilton produced in
the United Kingdom). The rate of duty will be 10 percent ad
valorem.
Articles classifiable in HTS subheading 0406.90.8010 are
subject to quota quantity restrictions listed in subchapter IV of
Chapter 99 in HTS subheading 9904.10.27, which limits the amount
of such cheese which may be imported from the European Economic
Community to an annual quota quantity of 2,479,000 kilograms.
Additionally, 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.
Additionally, an import license for quota cheese, issued to
the importer by the United States Department of Agriculture, will
be required at the time this merchandise is entered for
consumption into the United States.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport