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NY 876216

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October 8, 1992

CLA-2-04:S:N:N229:876216

CATEGORY: CLASSIFICATION

TARIFF NO.: 0406.90.8060 (9904.10.54)

Mr. Kenneth Olsson
A.V. Olsson Trading Co., Inc.
P.O. Box 11149
Greenwich, CT 06831-1149

RE: The tariff classification of ARLA HAMBURGER CHEESE from Sweden.

Dear Mr. Olsson:

In your letter dated June 29, 1992, you requested a tariff classification ruling.

The cheese in question, designated ARLA HAMBURGER CHEESE, is a natural cheese, orange colored, having a compact, close-knit texture with scattered tiny mechanical openings. The cheese is said to consist of 46 percent moisture, 24 percent fat (45 percent on a dry basis), and 54 percent total solids, with 1.0 to 1.5 percent salt (NaCl). A sample of the product, in the form of thin, rectangular cheese slices, was found by the Customs Laboratory to be made from cow's milk, containing 54.5 percent moisture, 24 percent fat (52.8 percent on a dry basis), 19.1 percent protein and 2.2 percent salt, with a pH of 6.0.

The applicable subheading for ARLA HAMBURGER CHEESE will be 0406.90.8060, Harmonized Tariff Schedule of the United States (HTS), which provides for Cheese and curd:...Other cheese:...Other, including mixtures of the above:...Other...Other:...Other:...Containing cow's milk (except soft-ripened cow's milk cheese). 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 Sweden to an annual quota quantity of 1,059,000 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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