CLA-2-04:OT:RR:E:NC:N4:231

Mr. Chris Pey
FisherBroyles LLP
445 Park Avenue
9th Floor
New York, NY 10022

RE: The tariff classification of Goat Cheese from France

Dear Mr. Pey:

In your letter dated April 11, 2016, you requested a tariff classification ruling on behalf of your client, Fromacoeur SA (Ruffec, France).

There are five varieties of cheese products submitted for review as follows: goat cheese pearls (0.955 inches in diameter) individually filled with either pesto, fig, honey, sundried tomato, and a goat cheese flavored with minced truffle. The cheese portion will be 82 – 97 percent of the total weight of the product. It will contain 58 percent milk fat. The stated ingredients are goat milk, lactic enzymes and rennet. Each variety of the product will be imported in sealed plastic trays which holds 16 cheese pearls with cocktail toothpicks enclosed in cardboard boxes weighing 2.65 ounces. The products are intended for use as snacks, appetizers or additives to salads.

The applicable subheading for the Stuffed and Flavored Goat Cheese 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 general rate of duty will be 8.5% ad valorem.

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 https://hts.usitc.gov/current.

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 Bruce N. Hadley Jr. at [email protected].

Sincerely,

Deborah C. Marinucci
Acting Director
National Commodity Specialist Division