NY 880610 - The tariff classification of QUESO EL CAMPESINO from Ecuador. - United States International Trade Commision Rulings

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NY 880610

December 28, 1992

CLA-2-04:S:N:N7:N229:880610

CATEGORY: CLASSIFICATION

TARIFF NO.: 0406.90.8060 (9904.10.54)

Mr. Adolfo R. Rueda
ECUA Enterprises, Inc.
222 Mamaroneck Avenue
White Plains, NY 10605-1316

RE: The tariff classification of QUESO EL CAMPESINO from Ecuador.

Dear Mr. Rueda:

In your letter dated November 18, 1992, you requested a tariff classification ruling.

The cheese in question is a moist, soft cheese, white in color and rindless. The interior of the cheese numerous mechanical openings, as the cheese curd is loosely knit. The cheese has a creamy, sour taste. A sample of this product, analyzed by the Customs Laboratory at New York, was found to be a cow's milk cheese consisting, by weight, of 54 percent moisture, 23.5 percent fat (51 percent fat on a dry basis), 11.8 percent protein and 2.3 percent salt, with a pH of 5.5.

The applicable subheading for QUESO EL CAMPESINO will be 0406.10.5050, Harmonized Tariff Schedule of the United States (HTS), which provides for Fresh cheese (including whey cheese), not fermented, and curd. The duty rate will be 10 percent ad valorem.

Articles classifiable under subheading 0406.10.5050, HTS, which are products of Ecuador are entitled to duty free treatment under the Andean Trade Preference Act upon compliance with all applicable regulations.

Articles classifiable in HTS subheading 0406.90.8060 are subject to quota quantity restrictions listed in subchapter IV of Chapter 99 in HTS subheading 9904.10.54, which limits the amount of such cheese which may be imported from countries (including Ecuador) with no specific quota allocation to an annual quota quantity of 201,635 kilograms. Additionally, 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.

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

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