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NY 845391


September 20, 1990

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 0406.40.6040 (9904.10.27)
0406.90.1500 (9904.10.36)
0406.90.4030 (9904.10.42)

Mr. Roberval Jose Barcelos, Director
Sul Mineira Ind. e Com. de Laticinios Ltds Alameda 3.o Sargento Alcides de Oliveira, 396/496 Pq. Novo Mundo, Sao Paulo
Brazil

RE: The tariff classification of twelve cheeses from Brazil.

Dear Mr. Barcelos:

In your letter dated August 4, 1989, you requested a tariff classification ruling.

Your request contained a brochure showing some twelve cheeses. Among those types pictured were Queijo tipo Gorgonzola, Queijo tipo Roquefort, Queijo tipo Edam, Queijo tipo Gouda, and Queijo tipo Parmesao. We would note, first, that it has been a long-standing classification practice, as reflected in previous administrative decisions issued by the U.S. Customs Service, that the term "Roquefort cheese" includes, for tariff purposes, only that cheese made in Roquefort, France. Accordingly, Queijo tipo Roquefort would not be classifiable as "Roquefort cheese". It is assumed, also, that Queijo tipo Edam, Queijo tipo Gouda, and Queijo tipo Parmesao are made from, or contain, cow's milk.

The applicable subheading for the Queijo tipo Gorgonzola and Queijo tipo Roquefort, if imported in original loaves, will be 0406.40.6040, Harmonized Tariff Schedule of the United States (HTS), which provides for Blue-veined cheese:...Other (than Roquefort cheese):...in original loaves...Other (than Stilton produced in the United Kingdom. The duty rate will be 15 percent ad valorem.

Articles classifiable in HTS subheading 0406.40.6040, HTS, are subject to quota quantity restrictions listed in subchapter IV of Chapter 99 in HTS subheading 9904.10.27, which limits the amount of such cheese which may be imported from countries (including Brazil) with no specific quota allocation to an annual quota quantity of 1 kilogram. 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 for consumption into the United States.

The applicable subheading for Qeijo tipa Edam and Queijo tipo Gouda is 0406.90.1500, HTS which provides for Other cheeses:...Edam and Gouda cheeses. The rate of duty will be 15 percent ad valorem.

Articles classifiable in HTS subheading 0406.90.1500, HTS, are subject to quota quantity restrictions listed in subchapter IV of Chapter 99 in HTS subheading 9904.10.36, which limits the amount of such cheese which may be imported from countries (including Brazil) with no specific quota allocation to an annual quota quantity of 1 kilogram. 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 for consumption into the United States.

The applicable subheading for Qeijo tipo Parmesao, when imported in original loaves, will be 0406.90.4030, HTS, which provides for Other cheeses:...Romano made from cow's milk, Reggiano, Parmesan, Provolone and Provoletti cheeses...Parmesan and Reggiano:...Made from cow's milk:...In original loaves. The rate of duty will be 15 percent ad valorem.

Articles classifiable in HTS subheading 0406.90.4030, HTS, are subject to quota quantity restrictions listed in subchapter IV of Chapter 99 in HTS subheading 9904.10.42, which limits the amount of such cheese which may be imported from countries (including Brazil) with no specific quota allocation to an annual quota quantity of 1 kilogram. 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 for consumption into the United States.

With regard to the remaining cheeses illustrated in your brochure, your inquiry does not provide enough information for us to give a classification ruling. Your request for a classification ruling should include samples of the cheeses for which you desire a classification, along with a description of the manufacturing process by which they were made. Please also include the percent by weight of butterfat in the dry matter for each cheese and the percent of moisture. Should you decide to resubmit your request for a binding classification ruling, please take note of the guidelines for submission of ruling requests set forth in the enclosed New York Region Informational Pipeline No. 1688 of December 19, 1988.

Although this ruling has been issued for five cheeses for which there is virtualy no import quota allocation for Brazil, most of the remaining seven cheeses in your brochure are probably classifiable under tariff headings for which more substantial quota allocations exist.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

Sincerely,

Jean F. Maguire
Area Director

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