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NY C80888




November 14, 1997

CLA-2-04:RR:NC:2:231 C80888

CATEGORY: CLASSIFICATION

TARIFF NO.: 0406.90.9500; 0406.90.9700

Mr. Kenneth Olsson
A.V. Olsson Trading Company, Inc.
P.O. Box 11149
10 Glenville Street
Greenwich, CT 06831-1149

RE: The tariff classification of Swedish Artisan cheese from Sweden.

Dear Mr. Olsson:

In your letter, dated October 15, 1997, you have requested a tariff classification ruling.

The product is "Swedish Artisan" ("Bla Gotland"), semi-soft, ripened cheese. The ingredients are pasteurized cow's milk, lactic acid culture, rennet, sodium chloride, calcium chloride, E251, and E235. The fat in the dry matter is 45 percent, the moisture content is 38.4-42.2 percent, and the salt content is 1.4-1.7 percent.

The cheese has an elastic consistency and round eyes measuring 3-15 millimeters in diameter. Each cube measures 8-11 centimeters and weighs 840 grams.

The applicable subheading for "Swedish Artisan" ("Bla Gotland") 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 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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