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NY 852739


June 22, 1990

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 0406.90.8060 (9904.10.54)

Mr. Moez Ghermezian
Silk Road Importers Inc.
116 East 16 Street
New York, NY 10003

RE: The tariff classification of "Riches monts" brand WHITE cheese, Domiati type, from France.

Dear Mr. Ghermezian:

In your letter dated May 2, 1990, you requested a tariff classification ruling.

This product is described as "Riches monts" brand WHITE cheese, Domiati type with Egyptian flavor. Ingredients in the product are listed as pasteurized milk, cultured milk, calf rennet, capsicum, and salt. This cheese is made from cow's milk and is said to contain, by weight, butterfat of 16 to 18 percent (40 percent minimum in the dry matter), and 3.4 to 3.6 percent salt. A sample cheese, semi-soft and white in color, had a somewhat sour taste and a smooth textured interior with few mechanical openings. This sample, packed with liquid in a plastic container with a net weight of 500 grams (about 17.5 ounces), was found by the Customs Laboratory to contain, by weight, moisture (56.6 percent), butterfat (20.8 percent), butterfat in the dry matter (47.8 percent), and protein (15.5 percent). The cheese had a pH of 4.4.

The applicable subheading for "Riches monts" brand WHITE cheese, Domiati type with Egyptian flavor, will be 0406.90.8060, Harmonized Tariff Schedule of the United States (HTS), which provides for Other cheese and curd, not specially provided for, containing over 0.5 percent by weight of cow's milk. The rate of duty will be 10 percent ad valorem.

Articles classifiable in HTS subheading 0406.90.8060 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).. 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.

Questions regarding licensing procedures and applications for license to import cheese subject to quota should be addressed to: Head, Dairy and Import Group
Dairy, Livestock and Poultry Division
Foreign Agricultural Service
U.S. Department of Agriculture
Washington, D.C. 20250

Importations of these products are subject to import regulations administered by various U.S. agencies. Information regarding applicable regulations administered by the U.S. Department of Agriculture, Veterinary Services, may be addressed to that Agency at the following location:

U.S. Department of Agriculture
A.P.H.I.S., Veterinary Services
Federal Building, Room 838
Hyattsville, MD 20782

Information regarding labeling requirements and other applicable regulations administered by the U.S. Food and Drug Administration may be addressed to that Agency at the following location:

U.S. Food and Drug Administration
Division of Regulatory Guidance
HFF 314, 200 C Street, S.W. Washington, D.C. 20204

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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