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NY A88933



November 7, 1996

CLA-2-04:RR:NC:2:231 A88933

CATEGORY: CLASSIFICATION

TARIFF NO.: 0406.90.9500; 0406.90.9700

Mr. Paul Lynch
Irish Dairy Board, Inc.
825 Green Bay Road, Suite 200
Wilmette, IL 60091

RE: The tariff classification of Dubliner cheese from Ireland.

Dear Mr. Lynch:

In your letter, dated October 29, 1996, you have requested a tariff classification ruling.

The product, Dubliner cheese, is made from pasteurized cow's milk. In your correspondence you indicate that the cheese will contain, by weight, 48-53 percent fat on a dry basis, a moisture content of 40 percent maximum, and 1.9 percent salt. The item will be sold as a retail product in a variety of packaged forms, ranging from 8-14 ounce bars to 10 pound loaves.

The applicable subheading for the Dubliner 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 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.

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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