NY 0864836 - The tariff classification of HOLLANDAMMER "50+ FULL CREAM CHEESE" from the Netherlands. - United States International Trade Commision Rulings

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NY 864836

August 26, 1991

CLA-2-04:S:N:N1:229-864836

CATEGORY: CLASSIFICATION

TARIFF NO.: 0406.90.1500 (9904.10.36)

Mr. Luis Teijeiro
Dutch Cheese Company
1090 N.W. 23rd Street
Miami, FL 33127

RE: The tariff classification of HOLLANDAMMER "50+ FULL CREAM CHEESE" from the Netherlands.

Dear Mr. Teijeiro:

In your letter dated July 1, 1991, you requested a tariff classification ruling.

The products in question, designated HOLLANDAMMER cheese, are described as full cream cheeses with a minimum butterfat content of 50 percent. Samples from two Dutch producers consisted of red-waxed, cylindrical wheels of about 10 pounds each, approximately 9.5 inches (24.5 centimeters) in diameter, and about 3.5 inches (9 centimeters) in height at the center of the wheel. The interior of the cheese is yellow in color and contains some scattered, shiny eye formation. The texture is smooth, with a somewhat soft body. A Laboratory Analysis indicated that, in one sample, the moisture content, by weight, was 39.7 percent and the solids content 60.3 percent. The butterfat content was found to be 31.0 percent (51.4 percent on a dry basis), the salt content at 2.7 percent, and the pH at 5.9. The second sample was found to contain 40.9 percent, by weight, of moisture and 39.1 percent solids. The butterfat content was reported at 31.3 percent (53.1 percent on a dry basis), the salt content at 2.6 percent, and the pH at 6.1.

The applicable subheading for HOLLANDAMMER "50+ FULL CREAM CHEESE" will be 0406.90.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for Cheese and curd:...Other cheese:...Edam and Gouda cheeses. The rate of duty will be 15 percent ad valorem.

Articles classifiable in HTS subheading 0406.90.1500 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 the European Economic Community to an annual quota quantity of 4,011,000 kilograms. 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.

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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