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NY 894167

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January 28, 1994

CLA-2-04:S:N:N7:229 894167

CATEGORY: CLASSIFICATION

TARIFF NO.: 0406.30.6060 (9904.10.54)

Mr. Gerd Stern
Galilee
P.O. Box 98
Tenafly, NJ 07670

RE: The tariff classification of "CREME DE MEAUX," from France.

Dear Mr. Stern:

In your letter dated January 21, 1994, you requested a tariff classification ruling.

The product in question, designated "CREME DE MEAUX," is prepared by, first, cutting off all the rind from "Brie de Meaux" cheese. The trimmed Brie cheese is then added to a mix (more than 95 percent Brie cheese by weight), with about four percent cream (to achieve 50 percent fat in the finished product), and less than one percent "melting" salt. This mixture is heated to 75 degrees Centigrade over a twenty minute period, prior to packing and refrigeration of the product. The finished product will be packaged in 5 ounce sealed cups, 12 cups per export box.

The applicable subheading for "CREME DE MEAUX" will be 0406.30.6060, Harmonized Tariff Schedule of the United States (HTS), which provides for Cheese and curd:... Processed (process) cheese, not grated or powdered:... Other, including mixtures of the above:...Other... Other:...Other:... Containing cow's milk. The rate of duty will be 10 percent ad valorem.

Articles classifiable in HTS subheading 0406.30.6060 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 the European Economic Community to an annual quota quantity of 20,456,000 kilograms (of which 353,000 kilograms are reserved for Portugal). 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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