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NY C85306





March 30, 1998

CLA-2-04:RR:NC:2:231 C85306

CATEGORY: CLASSIFICATION

TARIFF NO.: 0406.10.8400; 0406.10.8800

Mr. Nabil Shammas
5843 Glasgow Drive
Troy, MI 48098

RE: The tariff classification of Akawie, Baladi, Halloom, Nabulsi, and Tortillon cheese from Canada.

Dear Mr. Shammas:

In your letter, dated March 6, 1998, you have requested a tariff classification ruling.

The merchandise is described thus:

1. Akawie cheese - soft, unripened cheese, made from cured, pasteurized cow's milk. The ingredients are milk solids, bacterial culture, and salt. The moisture content is 57 percent and the fat in the dry matter is 22 percent.

2. Baladi cheese - soft, unripened cheese, made from cured, pasteurized cow's milk. The ingredients are milk solids, bacterial culture, and salt. The moisture content is 60 percent and the fat in the dry matter is 15 percent.

3. Halloom cheese - soft, unripened cheese, made from cured, pasteurized cow's milk. The ingredients are milk, bacterial culture, salt, rennet, and potassium sorbate. The moisture content is 52 percent and the fat in the dry matter is 24 percent.

4. Nabulsi cheese - semi-soft, unripened cheese with benedic, made from cured, pasteurized cow's milk. The ingredients are milk, bacterial culture, rennet, salt, and benedic. The moisture content is 50 percent and the fat in the dry matter is 25 percent.

5. Tortillon - Twisted cheese - firm, unripened cheese with caraway, made from cured, pasteurized cow's milk. The ingredients are milk, bacterial culture, salt, caraway, and rennet. It may contain coloring.

The applicable subheading for the "Akawie," "Baladi," "Halloom," "Nabulsi," and "Tortillon - Twisted" cheese, if imported in quantities that fall within the limits described in additional U.S. note 16 to chapter 4, will be 0406.10.8400, Harmonized Tariff Schedule of the United States (HTS), which provides for cheese and curd, fresh (unripened or uncured) cheese, including whey cheese, and curd, other, other, other, other cheese and substitutes for cheese (except cheese not containing cow's milk, and 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 0406.10.8800, HTS, and will be dutiable at US $1.598 per kilogram. In addition, products classified in subheading 0406.10.8800, 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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