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NY A85791



July 24, 1996

CLA-2-04:RR:NC:FC:231 A85791

CATEGORY: CLASSIFICATION

TARIFF NO.: 0406.20.8900; 0406.20.9100; 0406.90.9500; 0406.90.9700

Mr. Rodolfo Atencio
Atencio Palmita Cheese, Inc.
P.O. Box 1246
Porter, TX 77365

RE: The tariff classification of cheese from Venezuela.

Dear Mr. Atencio:

In your letter, dated July 15, 1996, you have requested a tariff classification ruling.

The products are described thus:

1. Queso de Ano. Dry, hard, aged cheese; made from cow's milk; aged a minimum of 60 days at room temperature.

2. Queso de Ano Rallado. Grated, dry, hard, aged cheese; made from cow's milk; aged a minimum of 60 days at room temperature.

The applicable subheading for Queso de Ano, 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 $1.686 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.

The applicable subheading for Queso de Ano Rallado, if imported in quantities that fall within the limits described in additional U.S. note 16 to chapter 4, will be 0406.20.8900, HTS, which provides for cheese and curd, grated or powdered cheese, of all kinds, other, including mixtures of the above, other, other, other, containing cow's milk, 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 0406.20.9100, HTS, and will be dutiable at US $1.686 per kilogram. In addition, products classified in subheading 0406.20.9100, 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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