CLA-2-04:RR:NC:2:231 I86425

Ms. Margarita Siervo
Italtrade
15500 Southwest 82nd Avenue
Miami, FL 33157-2217

RE: The tariff classification of Formaggio Caprino, a ripened goat cheese from Italy.

Dear Ms. Siervo:

In your letter, dated September 9, 2002, you requested a tariff classification ruling.

The merchandise, “Ferruccio Podda” brand Caprino goat cheese (“Formaggio Caprino”), is semi-soft cheese that has been manufactured from goat’s milk. The sample cheese is white in color and a firm texture, with discernible curd and some mechanical openings. The ingredients are pasteurized goat’s milk, rennet, natural milk enzymes, and salt. Caprino goat cheese is available in wheels measuring 4 ½ inches in diameter and 2 ¾ inches in height. The net weight is 1.66 pounds.

The applicable subheading for Caprino goat cheese will be 0406.90.9900, 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 (excluding goods containing mixtures of subheadings 0406.90.61 or 0406.90.63), other, other, other. The rate of duty will be 8.5 percent ad valorem.

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 (646) 733-3030.

Sincerely,

Robert B. Swierupski
Director
National Commodity
Specialist Division