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NY 803483




November 10, 1994

CLA-2-04:S:N:N7:N231 803483

CATEGORY: CLASSIFICATION

TARIFF NO.: 0406.10.5050; 9904.10.54

Mr. Wolfgang B.P. Schultz
Reyban Fruit Company
7231 Radio Road #403
Naples, Florida 33942

RE: The tariff classification of QUESO EL CAMPESINO from Ecuador.

Dear Mr. Schultz:

In your letter dated September 28, 1994, you requested a tariff classification ruling.

The product in question, Queso El Campesino, is described as a moist, soft fresh cheese made from cow's milk, white in color, rindless and containing over 0.5% butterfat.

The applicable subheading for Queso El Campesino will be 0406.10.5050, Harmonized Tariff Schedule of the United States (HTS), which provides for fresh cheese (unripened or uncured) cheese, including whey cheese, and curd: other. The duty rate will be 10 percent ad valorem.

Articles classifiable under subheading 0406.10.5050, HTS, which are products of Ecuador are entitled to duty free treatment under the Andean Trade Preference Act upon compliance with all applicable regulations.

Articles classifiable in HTS subheading 0406.10.5050 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 Ecuador) 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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