NY 890545 - The tariff classification of four CHEESES from Germany. - United States International Trade Commision Rulings

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NY 890545

September 23, 1993

CLA-2-04:S:N:N7:229-890545

CATEGORY: CLASSIFICATION

TARIFF NO.: 0406.20.6045 (9904.10.51); 0406.90.1500 (9904.10.36); 0406.90.4520 (9904.10.48); 0406.90.8060 (9904.10.54)

Mr. Herbert D. Moyer
Euro American Trading-Merchants
Eat-M International
37 Centennial Street
Collegeville, PA 19426-1847

RE: The tariff classification of four CHEESES from Germany.

Dear Mr. Moyer:

In your letter dated September 9, 1993, you requested a tariff classification ruling.

The products in question are EDAM Cheese, GOUDA Cheese, EMMENTALER Cheese and TILSITER Cheese. These cheeses will be imported, separately, in the form of slices with parchment separators between each slice, and packaged for retail in plastic bags of 125 grams (about 4.5 ounces) and 250 grams (about 8.9 ounces), net. These retail bags will be packed in export cartons of either five or ten kilograms each. Additionally, the EMMENTALER Cheese will also be put up in the form of grated cheese in retail plastic bags of 100 grams each (about 3.6 ounces), net, packed in export cartons of either three or six kilograms.

The applicable subheading for the EDAM and GOUDA Cheese slices will be 0406.90.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for Cheese and curd:... Other cheeses:...Edam and Gouda cheeses. The rate of duty will be 15 percent ad valorem.

Articles classifiable in HTS subheading 0406.90.1500 are subject to quota quantity restrictions listed in subchapter IV of Chapter 99 in HTS subheading 9904.10.36, which limits the amount of such cheese which may be imported from the European Economic Community to an annual quota quantity of 4,011,000 kilograms.

The applicable subheading for the TILSITER Cheese slices will be 0406.90.8060, Harmonized Tariff Schedule of the United States (HTS), which provides for Cheese and curd:...Other cheeses:... Other cheeses, and substitutes for cheese, including mixtures of the above:...Other, including mixtures of the above:...Other... Other:...Other:...Containing cow's milk (except soft-ripened cow's milk cheese). The rate of duty will be 10 percent ad valorem.

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 the European Economic Community to an annual quota quantity of 20,456,000 kilograms (of which 353,000 are reserved for Portugal).

The applicable subheading for the EMMENTALER Cheese slices will be 0406.90.4520, Harmonized Tariff Schedule of the United States (HTS), which provides for Cheese and curd:...Other cheese: ...Swiss or Emmentaler cheese with eye formation, Gammelost and Nokkelost cheeses...Swiss or Emmentaler cheese. The rate of duty will be 6.4 percent ad valorem.

Articles classifiable in HTS subheading 0406.90.4520 are subject to quota quantity restrictions listed in subchapter IV of Chapter 99 in HTS subheading 9904.10.48, which limits the amount of such cheese which may be imported from the European Economic Community to an annual quota quantity of 6,000,000 kilograms.

The applicable subheading for grated EMMENTALER Cheese will be 0406.20.6045, Harmonized Tariff Schedule of the United States (HTS), which provides for Cheese and curd:...Grated or powdered cheese, of all kinds:...Other, including mixtures of the above:... Other...Containing, or processed from, Swiss, Emmentaler or Gruyere-process cheeses. The rate of duty will be 10 percent ad valorem.

Articles classifiable in HTS subheading 0406.20.6045 are subject to quota quantity restrictions listed in subchapter IV of Chapter 99 in HTS subheading 9904.10.51, which limits the amount of such cheese which may be imported from the European Economic Community to an annual quota quantity of 3,625,000 kilograms.

In addition to the quota quantity restrictions listed above, these cheese products are subject to import quota licensing requirements. Accordingly, 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 license to import cheese subject to quota should be addressed to:

U.S. Department of Agriculture
Foreign Agricultural Service
Import Policies & Trade Analysis Division Att.: Dairy Import Group, Rm 5531, So. Bldg. Washington, D.C. 20250-1000

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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