CLA-2-04:RR:NC:2:231 D83557
0406.90.9500; 0406.90.9700; 0406.90.9900
Mr. Art Gold
Urban Foods, Inc.
7451 Brockton Road
Philadelphia, PA 19151
RE: The tariff classification of blue cheese, farmhouse cheese,
washed rind cheese and goat camembert from Australia.
Dear Mr. Gold:
In your letter, dated October 9, 1998, you have requested a
tariff classification ruling.
The merchandise is described thus:
1. "Gippsland Blue Cheese." The ingredients are pasteurized
cow's milk, salt, rennet, and cultures. The moisture content is
55 percent and the fat content is 25 percent.
2. "Blue Orchid Blue." The ingredients are pasteurized cow's
milk, salt, rennet, and cultures. The moisture content is 55
percent and the fat content is 25 percent.
3. "Farmhouse Hillcrest Mature." The ingredients are pasteurized
cow's milk, salt, rennet, and cultures. The moisture content is
50 percent and the fat content is 30 percent.
4. "Lavender." The ingredients are pasteurized cow's milk, salt,
rennet, cultures, and lavender flowers. The moisture content is
55 percent and the fat content is 25 percent.
5. "Jensen's Washed Rind." The ingredients are pasteurized cow's
milk, salt, rennet, cultures, and annato. The moisture content
is 60 percent and the fat content is 25 percent.
6. "Goat Camembert" is made from pasteurized goat milk. The
moisture content is 56 percent and the fat content is 25 percent.
The applicable subheading for "Gippsland Blue Cheese" and
"Blue Orchid Blue," if imported in quantities that fall within
the limits described in additional U.S. note 17 to chapter 4, and
in original loaves, will be 0406.40.5400, Harmonized Tariff
Schedule of the United States (HTS), which provides for cheese
and curd, blue-veined cheese, other, described in additional U.S.
note 17 to chapter 4 and entered pursuant to its provisions, in
original loaves. The rate of duty will be 15 percent ad valorem.
If the quantitative limits of additional U.S. note 17 to chapter
4 have been reached, the products will be classified in
subheading 0406.40.7000, HTS, and will be dutiable at US $2.403
per kilogram. In addition, products classified in subheading
0406.40.7000, HTS, will be subject to additional duties based on
their value, as described in subheadings 9904.05.48 - 9904.05.58,
HTS.
The applicable subheading for "Gippsland Blue Cheese" and
"Blue Orchid Blue," if imported in quantities that fall within
the limits described in additional U.S. note 17 to chapter 4, and
not in original loaves, will be 0406.40.5800, HTS, which provides
for cheese and curd, blue-veined cheese, other, described in
additional U.S. note 17 to this chapter and entered pursuant to
its provisions, other. The rate of duty will be 20 percent ad
valorem. If the quantitative limits of additional U.S. note 17
to chapter 4 have been reached, the products will be classified
in subheading 0406.40.7000, HTS, and will be dutiable at US
$2.403 per kilogram. In addition, products classified in
subheading 0406.40.7000, HTS, will be subject to additional
duties based on their value, as described in subheadings
9904.05.48 - 9904.05.58, HTS.
The applicable subheading for "Farmhouse Hillcrest Mature,"
"Lavender," and "Jensen's Washed Rind," if imported in quantities
that fall within the limits described in additional U.S. note 16
to chapter 4, will be 0406.90.9500, 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, containing
cow's milk (except soft-ripened cow's milk cheese, described in
additional U.S. note 16 to chapter 4 and entered pursuant to its
provisions. The rate of duty will be 10 percent ad valorem. If
the quantitative limits of additional U.S. note 16 to chapter 4
have been reached, the product will be classified in subheading
0406.90.9700, HTS, and will be dutiable at US $1.598 per
kilogram. In addition, products classified in subheading
0406.90.9700, HTS, will be subject to additional duties based on
their value, as described in subheadings 9904.06.38 - 9904.06.49,
HTS.
The applicable subheading for "Goat Camembert" will be
0406.90.9900, 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 9
percent ad valorem.
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.
Questions regarding licensing procedures and applications
for licenses to import cheese subject to quota should be
addressed to:
U.S. Department of Agriculture
Foreign Agricultural Service
Import Policies and Trade Analysis
Division
Att: Dairy Import Group, Rm. 5531, So.
Bldg.
Washington, DC 20250-1000
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 Ralph
Conte at (212) 466-5759.
Sincerely,
Robert B. Swierupski
Director
National Commodity
Specialist Division