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NY A81899

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April 22, 1996

CLA-2-04:RR:NC:FC:231 A81899

CATEGORY: CLASSIFICATION

TARIFF NO.: 0406.40.5400; 0406.40.7000

Mr. Fred East
Swiss Rose International, Inc.
14 Empire Boulevard
Moonachie, NJ 07074

RE: The tariff classification of "Bavaria Blu" cheese from Germany.

Dear Mr. East:

In your letter, dated March 14, 1996, you have requested a tariff classification ruling.

The product, "Bavaria Blu" cheese, is full fat, blue and white mold cheese. The ingredients are pasteurized cow's milk, blue and white mold, enzymes, salt, and rennet. The cheese will contain, by weight, 70 percent fat in the dry matter. The pH will be 5.5-7.0.

An examination of the sample indicates that blue mold is distributed throughout the interior of the cheese. The product does not meet the definition of "soft ripened cow's milk cheese," as articulated in Additional U.S. 3 to Chapter 4, HTS.

The applicable subheading for "Bavaria Blu" cheese, if imported in quantities that fall within the limits described in additional U.S. note 17 to chapter 4, will be 0406.40.5400, Harmonized Tariff Schedule of the United States (HTS), which provides for cheese and curd, blue-veined cheese, other, described in additional U.S. note 17 to chapter 4 and entered pursuant to its provisions, in original loaves. The rate of duty will be 15 percent ad valorem. If the quantitative limits of additional U.S. note 17 to chapter 4 have been reached, the product will be classified in subheading 0406.40.7000, HTS, and will be dutiable at US $2.536 per kilogram. In addition, products classified in subheading 0406.40.7000, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.05.48 - 9904.05.58, 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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See also:

• Tariff No.: 0406.40.54 - Blue-veined cheese, nesoi, in original loaves, subject to add. US note 17 to Ch. 4
• Tariff No.: 0406.40.70 - Blue-veined cheese, nesoi, not subject to gen. note 15 of the HTS or to add. US note 17 to Ch. 4
• Tariff No.: 9904.05.48 - Blue mold cheese, in 0406.10.18, 0406.20.28, 0406.20.63, 0406.30.18, 0406.30.63, etc, entered in value safeguard period, under $1.20/kg
• Tariff No.: 9904.05.58 - Blue mold cheese, in 0406.10.18, 0406.20.28, 0406.20.63, 0406.30.18, 0406.30.63, etc, in entered in quantity safeguard period