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NY B89861




September 23, 1997

CLA-2-04:RR:NC:2:231 B89861

CATEGORY: CLASSIFICATION

TARIFF NO.: 0406.40.5400; 0406.40.5800; 0406.40.7000

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

RE: The tariff classification of Borgonzola cheese from Canada.

Dear Mr. Lettieri:

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

The product is Borgonzola, semi-soft, blue veined cheese. The ingredients are pasteurized cow's milk, bacterial culture, microbial enzymes, P. Roqueforti, P. Candidum, and salt. The moisture content is 42 percent and the fat in the dry matter is 36 percent.

The color of the soft, mold exterior ranges from white to off white; the interior is white to off white, with blue to green veins throughout.

The applicable subheading for the Borgonzola cheese, if in original loaves, and if imported in quantities that fall within the limits described in additional U.S. note 17 to chapter 4, will be 0406.40.5400, Harmonized Tariff Schedule of the United States (HTS), which provides for cheese and curd, blue-veined cheese, other, described in additional U.S. note 17 to chapter 4 and entered pursuant to its provisions, in original loaves. The general rate of duty will be 15 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 0406.40.7000, HTS, and will be dutiable at US $2.47 per kilogram. In addition, products classified in subheading 0406.40.7000, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.05.48 - 9904.05.58, HTS.

The applicable subheading for the Borgonzola cheese, if not in original loaves, and if imported in quantities that fall within the limits described in additional U.S. note 17 to chapter 4, will be 0406.40.5800, HTS, which provides for cheese and curd, blue-veined cheese, other, described in additional U.S. note 17 to chapter 4 and entered pursuant to its provisions, other. The general rate of duty will be 20 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 0406.40.7000, HTS, and will be dutiable at US $2.47 per kilogram. In addition, products classified in subheading 0406.40.7000, 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,

Robert B. Swierupski
Director

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