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NY 806184



February 13, 1995

CLA-2-04:S:N:N7:231 806184

CATEGORY: CLASSIFICATION

TARIFF NO.: 0406.90.9500; 0406.90.9700

Mr. Patrick Hoey
725 Miller Avenue
#433
Freeport, New York 11520

RE: The tariff classification of a "Cuajada en Terron" cheese from El Salvador.

Dear Mr. Hoey:

In your letter dated January 20, 1995 you requested a tariff classification ruling.

You indicate in your letter that this "Cuajada en Terron" cheese includes cultured pasteurized milk and salt. A sample consists of a white semi-soft variety in chunks and is said to be made from cow's milk. The applicable subheading for "Cuajada en Terron" 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 other cheeses, and substitutes for cheese, including mixtures of the above: 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. Imports under these provisions require import licenses, in accordance with terms and conditions provided in regulations issued by the Secretary of Agriculture, subject to approval of the United States Trade Representative (USTR).

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

Articles classifiable under subheading 0406.90.9500, HTS, which are products of El Salvador are entitled to duty free treatment under the Caribbean Basin Economic Recovery Act (CBERA) upon compliance with all applicable regulations.

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 dutiable at $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 to 9904.06.49, HTS.

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
New York Seaport

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