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NY 813831



August 31, 1995

CLA-2-04:S:N:N7:231 813831

CATEGORY: CLASSIFICATION

TARIFF NO.: 0406.90.9500; 0406.90.9700

Mr. Christian Keller
Bauernmarkt Chiemgau
Kirchplatz 8
83128 Halfing
Germany

RE: The tariff classification of Camembert cheese from Germany.

Dear Mr. Keller:

In your letter, dated July 17, 1995, and received in this office on August 16, 1995, you have requested a tariff classification ruling.

The product, called "Chiemgauer Rahmkase" or "Chiemgauer Extra Creamy Cheese," is Camembert cheese. The item is in the form of a square, and it weighs 1.8 kilograms (3.97 pounds). The cheese has a white mold rind. It is packaged in protective wrap, with two squares per box.

The product is made from pasteurized cow's milk. It is ripened for three weeks. In your correspondance you indicate that the ingredients will be butter fat (45 percent in the dry mass), rennin enzymes, and salt.

The applicable subheading for the "Chiemgauer Rahmkase" or "Chiemgauer Extra Creamy cheese," if imported in quantities that fall within the limits described in additional U.S. note 16 to chapter 4, will be 0406.90.9500, 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, containing cow's milk (except soft-ripened cow's milk cheese), described in additional U.S. note 16 to chapter 4 and entered pursuant to its provisions. The rate of duty will be 10 percent ad valorem. If the quantitative limits of additional U.S. note 16 to chapter 4 have been reached, the product will be classified in subheading 0406.90.9700, HTS, and will be dutiable at US $1.731 per kilogram. In addition, products classified in subheading 0406.90.9700, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.06.38 - 9904.06.49, HTS. 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.

Questions regarding licensing procedures and applications for licenses to import cheese subject to quota should be addressed to:

U.S. Department of Agriculture
Foreign Agricultural Service
Import Policies and Trade Analysis Division Att: Dairy Import Group, Rm. 5531, So. Bldg. Washington, DC 20250-1000

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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