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

Mr. Paul Hatziiliades
Extra Virgin Foods
71 Arlington Street
Watertown, MA 02472

RE: The tariff classification of feta cheese from Greece and Bulgaria.

Dear Mr. Hatziiliades:

In your letter dated August 12, 2012, you requested a tariff classification ruling.

The product in question is feta cheese (in brine) to be imported in four versions, all of which appear to have the same ingredients and composition. The ingredients are pasteurized sheep’s milk (85%), pasteurized goat’s milk (15%), salt, rennet and natural culture. The moisture content is 51%, and the total fat content is 27.8%.

Version 1 (Greek origin) will be packed in plastic containers, net weight 14.1 ounces.

Version 2 (Greek origin) will be shipped in loaves in metal tins, weight approximately 14 kg.

Version 3 (Bulgarian origin) will be shipped in loaves in metal tins, weight approximately 14 kg.

Version 4 (Bulgarian origin) will be packed in plastic containers, net weight 14.1 ounces.

The applicable subheading for all of the above versions of feta cheese in brine will be 0406.90.9900, Harmonized Tariff Schedule of the United States (HTSUS), 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%.

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 administered by the U.S. Department of Agriculture (USDA) may be addressed to that agency at the following location:

USDA APHIS, VS, NCIE Products Program 4700 River Road, Unit 40 Riverdale, MD 20737-1231 Tel: (301) 734-3277

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 the 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 Nathan Rosenstein at (646) 733-3030.

Sincerely,

Thomas J. Russo
Director
National Commodity Specialist Division