CLA-2-04:S:N:N7:231 895313

Mr. Patrick Williams
Williams Cheese Co.
998 N. Huron Road
Linwood, MI 48634

RE: The tariff classification of Havarti cheese from Canada.

Dear Mr. Williams:

In your letter, dated February 16, 1994, you requested a tariff classification ruling. The merchandise is comprised of Havarti cheese.

The applicable subheading for the Havarti cheese will be 0406.90.8060, Harmonized Tariff Schedule of the United States (HTS), 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, other, other, other, containing cow's milk (except soft-ripened cow's milk cheese). The general rate of duty will be 4 percent ad valorem.

Articles classifiable in subheading 0406.90.8060, HTS, are subject to the quota quantity restrictions that are listed in subchapter IV of Chapter 99 in subheading 9904.10.54, HTS, which limit the amount of such cheese which may be imported from Canada to an annual quota quantity 1,141,000 kilograms. In addition, 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.

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