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NY 814203

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November 1, 1995

CLA-2-04:R:N2:231 814203

CATEGORY: CLASSIFICATION

TARIFF NO.: 0406.90.4100; 0406.90.4200

Mr. Stephen J. Bianchi
All-Ways Forwarding Int'l Inc.
Hemisphere Center
U.S. Rt. 1-9 South
Newark, New Jersey 07114

RE: The tariff classification of Hard Ripened cheese from Denmark.

Dear MR. Bianchi:

In your letter dated August 24, 1995, on behalf of MD Foods, Springfield, N.J., you requested a tariff classification ruling.

The Danish Hard Cheese is a granular cheese, white in color and made from cow's milk. The importer states that the ingredients include pasteurized cow's milk, cheese and yogurt cultures, salt, rennet and lipase. A sample cheese was found to have a taste typical of Italian-type cheese. The composition of this cheese is stated to contain protein:

The applicable subheading for the Danish Hard Cheese, if imported in quantities that fall within the limits described in additional U.S. note 21 to chapter 4, will be 0406.90.4100, Harmonized Tariff Schedule of the United States (HTS), which provides for Romano made from cow's milk, Reggiano, Parmesan, Provolone and provoletti cheeses...Parmesan and Reggiano:...Made from cow's milk:...In original loaves. The rate of duty will be 15 percent ad valorem. Imports under these provisions require import licenses, in accordance with terms and conditions provided in regulations issued by the Secretary of Agriculture, subject to the approval of the United States Trade Representative (USTR).

Questions regarding licensing procedures and application for licenses to import cheese subject to quota should be addressed to: Head, Dairy and Import Group
Dairy, Livestock and Poultry Division
Foreign Agriculture Service
U.S. Department of Agriculture
Washington, DC 20250

If the quantitative limits of additional U.S. note 21 to chapter 4 have been reached, the product will be classified in subheading 0406.90.4200, HTS, and will de dutiable at US $2.462 per kilogram. In addition, products classified in subheading 0406.90.4200, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.05.95-9904.06.05, HTS.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist * at 212-466-*.

Sincerely,

Roger J. Silvestri
Director

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See also:

• Tariff No.: 0406.90.41 - Romano, Reggiano, Parmeson, Provolne, and Provoletti cheese, nesoi, from cow's milk, subject to add. US note 21 to Ch. 4
• Tariff No.: 0406.90.42 - Romano, Reggiano, Parmeson, Provolne, and Provoletti cheese, nesoi, from cow's milk, not subj to to GN 15 or Ch4 US note 21
• Tariff No.: 9904.05.95 - Italian-type cheeses, in 0406.10.58, 0406.20.53, 0406.20.79, 0406.30.79, 0406.90.33, etc, entered in value safeguard period, under $1.15/kg
• Tariff No.: 9904.06.05 - Italian-type cheeses, in 0406.10.58, 0406.20.53, 0406.20.79, 0406.30.79, 0406.90.33, etc, entered in quantity safeguard period