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NY 890118




October 7, 1993

CLA-2-21:S:N:N7:229-890118

CATEGORY: CLASSIFICATION

TARIFF NO.: 1602.49.9000; 2106.90.6599

Ms. Micky Adenis, Import Manager
Bongrain Cheese U.S.A.
400 S. Custer Avenue
New Holland, PA 17557

RE: The tariff classification of "Menu fromage" brand cheese- based patties from France.

Dear Ms. Adenis:

In your letter dated May 21, 1993, you requested a tariff classification ruling.

The products in question consist of breaded, cheese-based patties, which will be imported in retail packages under the brand name, "Menu fromage." The product, designated "Le Steak du Fromager," comes in two varieties,--namely, as "Le Steak du Fromager au jambon" (with ham) and with oignons et fines herbes (onions and herbs). "Le Steak du Fromager au jambon" is said to consist of 39 percent cheese, 28.8 percent meat (16.3 percent pork and 12.5 percent turkey meat), 21.0 percent water, and less than 5 percent by weight of other ingredients, such as bread crumbs, vegetable oil, wheat flour, milk proteins, egg white, seasonings and flavoring. "Le Steak du Fromager oignons et fines herbes" (with onions and herbs) is said to consist, by weight, of 49.0 percent cheese, 19.5 percent water, 13.2 percent turkey, 8 percent onion, and less than 5 percent of other ingredients such as bread crumbs, vegetable oil, wheat flour, milk proteins, seasonings, fines herbes and flavoring.

The applicable subheading for "Le Steak du Fromager au jambon" (with ham) will be 1602.49.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for Other prepared or preserved meat, meat offal or blood:...Of swine:...Other:...Other: ...Other. The rate of duty will be 10 percent ad valorem.

The applicable subheading for "Le Steak du Fromager oignons et fines herbes" (with onion and herbs) will be 2106.90.6599, Harmonized Tariff Schedule of the United States (HTS), which provides for Food preparations not elsewhere specified or included:...Other: ...Other:...Other:...Other:...Other:... Other: ...Other:...Other. The rate of duty will be 10 percent ad valorem.

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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