NY 0852724 - The tariff classification of "PizzaSi" IMITATION (FILLED) PROCESS CHEESE PRODUCT from Holland. - United States International Trade Commision Rulings

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NY 852724

July 10, 1990

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 0406.30.6060 (9904.10.54)

Mr. William S. Hennings
Swissrose International, Inc.
650 New County Road
Secaucus, NJ 07094

RE: The tariff classification of "PizzaSi" IMITATION (FILLED) PROCESS CHEESE PRODUCT from Holland.

Dear Mr. Hennings:

In your letter dated May 16, 1930, you requested a tariff classification ruling.

This cheese product is said to be processed principally from skim milk cheese and hydrogenated vegetable fat (soya oil), with lesser amounts of minor ingredients, such as salt, sodium citrate, sodium phosphate, corn or wheat starch, and sorbic acid. The product is made by mixing soya oil with ground skim milk cheese, then blending with the other ingredients and processing with heat. After processing, the cheese is poured into plastic bags each holding twenty kilograms, net weight, and, then, packed into export boxes. A sample of white process cheese, packed in a plastic covered, sausage-shaped roll of 2 kilograms, net weight, and labeled "PizzaSi", was analyzed by the U.S. Customs Laboratory at New York. A report of analysis indicates that this cheese contains, by weight, a total fat of 23.3 percent (44.3 percent fat in the dry matter), a protein content of 22.2 percent, and has a pH of 6.5. Further, the product was found to be made from cow's milk and to have a butterfat content of 1.4 percent (as part of the total fat content).

The applicable subheading for "PizzaSi" IMITATION (FILLED) PROCESS CHEESE PRODUCT will be 0406.30.6060, Harmonized Tariff Schedule of the United States (HTS), which provides for Other Processed (process) cheese, not grated or powdered:...Containing cow's milk. The rate of duty will be 10 percent ad valorem.

Articles classifiable in HTS subheading 0406.30.6060 are subject to quota quantity restrictions listed in subchapter IV of Chapter 99 in HTS subheading 9904.10.54, which limits the amount of such cheese which may be imported from the European Economic Community to an annual quota quantity of 20,456,000 kilograms (of which 353,000 are reserved for Portugal). Addition-ally, 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.

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 been filed without a copy, 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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