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NY B86628




June 19, 1997

CLA-2-04:RR:NC:2:231 B86628

CATEGORY: CLASSIFICATION

TARIFF NO.: 0406.30.8100; 0406.30.8300

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

RE: The tariff classification of Fromaghurt cheese from Switzerland.

Dear Mr. East:

In your letter, dated June 13, 1997, you have requested a tariff classification ruling.

The merchandise, "Fromaghurt" cheese with yogurt, will be imported in two flavors - plain and Provencale. The ingredients in both flavors are Swiss cheese, water, yogurt, butter, yogurt powder, emulsifying salts (comprised of sodium and potassium orthophospates, and citric acid), sugar, salt, and thickener. The Provencale flavor also contains 1.8 percent Provencale spice mix and 0.2 percent Provencale herbs.

The applicable subheading for the "Fromaghurt" cheese with yogurt, if imported in quantities that fall within the limits described in additional U.S. note 22 to chapter 4, will be 0406.30.8100, Harmonized Tariff Schedule of the United States (HTS), which provides for cheese and curd, processed (process) cheese, not grated or powdered, other, including mixtures of the above, other, containing, or processed from, Swiss, Emmentaler or Gruyere-process cheeses, described in additional U.S. note 22 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 22 to chapter 4 have been reached, the product will be classified in subheading 0406.30.8300, HTS, and will be dutiable at US $1.509 per kilogram. In addition, products classified in subheading 0406.30.8300, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.06.19 - 9904.06.28, 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,

Gwenn Klein Kirschner
Chief, Special Products Branch

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