NY 888566 - The tariff classification of two cheeses from Egypt. - United States International Trade Commision Rulings

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NY 888566

September 17, 1993

CLA-2-04:S:N:N7:229-888566

CATEGORY: CLASSIFICATION

TARIFF NO.: 0406.90.8060 (9904.10.54); 0406.90.8075

Mr. Michael Archie
Mount Sinai Company
5300 Lorna Street, No. D
Torrance, CA 90503

RE: The tariff classification of two cheeses from Egypt.

Dear Mr. Archie:

In your letter dated July 20, 1993, you requested a tariff classification ruling.

The cheeses in question are described as CLEOPATRA Cheese and SAN STEPHANO Cheese. CLEOPATRA Cheese is described as a fresh cheese made from Buffalo milk. In the production process, the milk is first heated, with some eight percent salt stirred in during heating. After formation of the cheese curd, the curd is transferred to frames lined with cheese cloth and left on strainer shelves overnight. The following day, the soft blocks of cheese are cut into cubes about 4 inch by 6 inch by 4 inch sizes, and packed in containers in its own whey. A sample cheese consisted of a white cheese with a soft body and a somewhat bitter, salty taste. Analysis of the sample by the U.S. Customs Laboratory at New York indicates that this cheese is made from buffalo milk and contains 59.1 percent moisture, 21.5 percent fat (56.7 percent fat on a dry basis), 10.6 percent protein, and 6.0 percent salt, with a pH of 3.8. The sample contained a trace of lactose.

SAN STEPHANO Cheese is described as a cow's milk cheese, ripened for some two months prior to being ready for consumption. In the production process, the milk is first heated, with some eight percent salt stirred in during heating. After formation of the curd, whole black pepper is added and mixed with the curd. The curd is then transferred to strainer molds and strained under pressure for some thirty-six hours. The cheese is sprinkled with additional salt and ripened for some two months before being ready for consumption. A sample cheese, submitted with your inquiry, consisted of a cream colored cheese with a tan colored rind. The cheese had a granular texture with many mechanical openings and a salty taste. Analysis of the sample by the U.S. Customs Laboratory at New York indicates that this cheese is made from cow's milk and consists, by weight, of 32.8 percent moisture, 36.3 percent fat (54.0 percent fat in the dry matter), 23.6 percent protein and 4.1 percent salt, with a pH of 5.9.

The applicable subheading for CLEOPATRA Cheese will be 0406.90.8075, Harmonized Tariff Schedule of the United States (HTS), which provides for Cheese and curd:...Other cheese:...Other cheeses, and substitutes for cheese, including mixtures of the above:...Other, including mixtures of the above:...Other...Other: ...Other:...Other. The rate of duty will be 10 percent ad valorem.

The applicable subheading for SAN STEPHANO Cheese will be 0406.90.8060, Harmonized Tariff Schedule of the United States (HTS), which provides for Cheese and curd:...Other cheese:...Other cheeses, and substitutes for cheese, including mixtures of the above:...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 countries (including Egypt) with no specific quota allocation to an annual quota quantity of 201,635 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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