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NY B89857




September 23, 1997

CLA-2-04:RR:NC:2:231 B89857

CATEGORY: CLASSIFICATION

TARIFF NO.: 0406.90.9500; 0406.90.9700

Mr. Santino Lettieri
Lettieri Foods Limited
11110 Front Street
Mokena, IL 60448

RE: The tariff classification of Havarti cheese from Canada.

Dear Mr. Lettieri:

In your letter, dated September 16, 1997, you have requested a tariff classification ruling.

The product is Havarti, semi-soft, ripened cheese. The ingredients are pasteurized cow's milk, bacterial culture, salt, and calcium chloride. The Havarti may also contain coloring and microbial enzymes. The moisture content is 46 percent and the fat in the dry matter is 35 percent.

The color ranges from yellowish to creamy white; the cheese is rindless and the interior has irregular holes. The product will be sold in regular, caraway, dill, and jalapeno flavors.

The applicable subheading for the Havarti 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 general 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 $1.642 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,

Robert B. Swierupski
Director

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