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NY 831957


October 13, 1988

CLA-2-04:S:N:N1:229

CATEGORY: CLASSIFICATION

TARIFF NO.: 0406.90.8045

Mr. Marvin Monk
Director of Distribution
Swissrose International, Inc.
650 New County Road
Secaucus, NJ 07094

RE: The tariff classification of SHREDDED SWISS CHEESE from the EUROPEAN ECONOMIC COMMUNITY (EEC)

Dear Mr. Monk:

In your letter dated August 18, 1988, you requested a tariff classification ruling.

You state in your letter that this product will consist of natural Swiss cheese produced in an EEC country, and then shredded prior to exportation for shipment from the EEC directly to the United States.

This classification decision is under the Harmonized Tariff Schedule of the United States (HTS), effective January 1, 1989, subject to changes before the effective date.

The applicable HTS subheading for SHREDDED SWISS CHEESE will be 0406.90.8045, which provides for Other cheese...Containing, or processed from Swiss, Emmentaler or Gruyere-process cheese. The rate of duty will be 10 percent ad valorem.

Articles classifiable in subheading 0406.90.8045, HTS, will be subject to quota quantity restrictions listed in subheading 9904.10.51, HTS, which allocates to the European Economic Community a total annual aggregate quota quantity of 3,625,000 kilograms for Swiss or Emmentaler cheese other than with eye formation, Gruyere-process cheese and substitutes for cheese containing or processed from such cheeses (provided for in subheading 0406.10, 0406.20.60, 0406.30.50, 0406.30.60 or 0406.90.80). Additionally, an import license, issued to the importer by the United States Department of Agriculture, will be required at the time such merchandise is entered 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 already been filed, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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