NY 848600 - The tariff classification of a mixture of grated PRAMESAN and ROMANO cheese from Argentina. - United States International Trade Commision Rulings

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NY 848600

January 18, 1990

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 0406.20.6040 (9904.10.45)

Mr. Jerome B. Schuman
Arthur Schuman Inc.
P.O. Box 1839
Clifton, NJ 07015

RE: The tariff classification of a mixture of grated PRAMESAN and ROMANO cheese from Argentina.

Dear Mr. Schuman

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

You describe this product as a mixture of grated Parmesan cheese and grated Romano cheese, both made from cow's milk, which will be produced in Argentina for export to the United States. You state that the ratio of the two cheese varieties will vary in the mixture "for reasons pertaining to flavor". The imported product, however, will always contain a minimum of 25 percent by weight of Romano cheese, with the average weight of the Romano cheese constituent ranging from 30 to 35 percent. The balance of the mixture will consist of Parmesan cheese.

The applicable subheading for this mixture of grated PARMESAN AND ROMANO cheese will be 0406.20.6040, Harmonized Tariff Schedule of the United States (HTS), which provides for Other (grated or powdered cheese, of all kinds), including mixtures of the above:...Other...Containing, or processed from, Italian-type cheeses (Romano, Reggiano, Parmesan, Provolone, Provoletti, Sbrinz, and Goya) made from cow's milk. The rate of duty will be 10 percent ad valorem.

Articles classifiable in HTS subheading 0406.20.6040 are subject to quota quantity restrictions listed in subchapter IV of Chapter 99 in HTS subheading 9904.10.45, which limits the amount of such cheese which may be imported from Argentina to an annual quota quantity of 643,000 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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