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NY B84427

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April 23, 1997

CLA-2-04:RR:NC:2:231 B84427

CATEGORY: CLASSIFICATION

TARIFF NO.: 0406.30.6100; 0406.30.6300

Mr. Steve De Castro
All-Ways Forwarding International, Inc.
Hemisphere Center
U.S. Routes 1 and 9 South
Newark, NJ 07114

RE: The tariff classification of process cheese spread from Italy.

Dear Mr. De Castro:

In your letter, dated April 15, 1997, you have requested a tariff classification ruling on behalf of your client, Cucina Classica Italiana, Inc., Lakewood, NJ.

The merchandise, which is called, "Bel Paese Pasteurized Process Cheese Spread with Gorgonzola," is comprised of tiny wheels of cheese spread, measuring 1 15/16 inches in diameter and 9/16 inch in height. The ingredients are Gorgonzola cheese (20 percent), water, butter, and emulsifying salts.

The applicable subheading for the "Bel Paese Pasteurized Process Cheese Spread with Gorgonzola," if imported in quantities that fall within the limits described in additional U.S. note 17 to chapter 4, will be 0406.30.6100, 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, blue-veined cheese (except Roquefort), described in additional U.S. note 17 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 17 to chapter 4 have been reached, the product will be classified in subheading 0406.30.6300, HTS, and will be dutiable at US $2.47 per kilogram. In addition, products classified in subheading 0406.30.6300, 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,

Gwenn Klein Kirschner
Chief, Special Products Branch

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See also:

• Tariff No.: 0406.30.61 - Processed cheese cont/procd fr blue-veined cheese (ex roquefort), not grated/powdered, subject to add US note 17 to Ch. 4, not GN15
• Tariff No.: 0406.30.63 - Processed cheese cont/procd fr blue-veined cheese (ex roquefort), not grated/powdered, not subject to add US note 17 to Ch. 4, not GN15
• 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