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NY A80394




February 27, 1996

CLA-2-04:RR:NC:FC:231 A80394

CATEGORY: CLASSIFICATION

TARIFF NO.: 0406.10.8400; 0406.10.8800; 0406.90.9500; 0406.90.9700

Mr. Lou Sabbagh
Adonis Imported Foods
901 East Genesee Street
Syracuse, NY 13210

RE: The tariff classification of Halloom, Moujadale, Tresse, Akawi, Baladi, and Labneh cheese from Canada.

Dear Mr. Sabbagh:

In your letter, dated February 12, 1996, you have requested a tariff classification ruling.

The products are described thus:

1. Halloom cheese. The ingredients are pasteurized cow's milk, bacterial culture, salt, and rennet. The cheese will contain, by weight, a moisture content of 50 percent, and 20 percent fat.

2. Moujadale cheese. The ingredients are pasteurized cow's milk, bacterial culture, salt, and rennet. The cheese will contain, by weight, a moisture content of 50 percent, and 20 percent fat.

3. Tresse cheese. The ingredients are pasteurized cow's milk, bacterial culture, salt, spices, and rennet. The cheese will contain, by weight, a moisture content of 50 percent, and 15 percent fat.

4. Akawi cheese. The ingredients are pasteurized, partly skimmed cow's milk, bacterial culture, salt, rennet, and calcium chloride. The cheese will contain, by weight, a moisture content of 57 percent, and a fat content of 22 percent.

5. Baladi cheese. The ingredients are pasteurized, partly skimmed cow's milk, bacterial culture, salt, rennet, and calcium chloride. The cheese will contain, by weight, a moisture content of 57 percent, and a fat content of 22 percent. 6. Labneh cheese. The ingredients are pasteurized cow's milk, bacterial culture, salt, and potassium sorbate. The cheese will contain, by weight, 12 percent fat.

The applicable subheading for Akawi, Baladi, and Labneh cheese, if imported in quantities that fall within the limits described in additional U.S. note 16 to chapter 4, will be 0406.10.8400, Harmonized Tariff Schedule of the United States (HTS), which provides for cheese and curd, fresh (unripened or uncured) cheese, including whey cheese, and curd, other, other, other, other cheese and substitutes for cheese (except cheese not containing cow's milk, and soft ripened cow's milk cheese), described in additional U.S. note 16 to chapter 4 and entered pursuant to its provisions. The general 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 products will be classified in subheading 0406.10.8800, HTS, and will be dutiable at US $1.686 per kilogram. In addition, products classified in subheading 0406.10.8800, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.06.38 - 9904.06.49, HTS.

The applicable subheading for Halloom, Moujadale, and Tresse 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, 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 general 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 products will be classified in subheading 0406.90.9700, HTS, and will be dutiable at US $1.686 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 Part 177 of the Customs Regulations (19 CFR 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 Ralph Conte at (212) 466-5759.

Sincerely,

Roger J. Silvestri
Director

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