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NY D83557




October 23, 1998

CLA-2-04:RR:NC:2:231 D83557

CATEGORY: CLASSIFICATION

TARIFF NO.: 0406.40.5400; 0406.40.5800; 0406.40.7000; 0406.90.9500; 0406.90.9700; 0406.90.9900

Mr. Art Gold
Urban Foods, Inc.
7451 Brockton Road
Philadelphia, PA 19151

RE: The tariff classification of blue cheese, farmhouse cheese, washed rind cheese and goat camembert from Australia.

Dear Mr. Gold:

In your letter, dated October 9, 1998, you have requested a tariff classification ruling.

The merchandise is described thus:

1. "Gippsland Blue Cheese." The ingredients are pasteurized cow's milk, salt, rennet, and cultures. The moisture content is 55 percent and the fat content is 25 percent.

2. "Blue Orchid Blue." The ingredients are pasteurized cow's milk, salt, rennet, and cultures. The moisture content is 55 percent and the fat content is 25 percent.

3. "Farmhouse Hillcrest Mature." The ingredients are pasteurized cow's milk, salt, rennet, and cultures. The moisture content is 50 percent and the fat content is 30 percent.

4. "Lavender." The ingredients are pasteurized cow's milk, salt, rennet, cultures, and lavender flowers. The moisture content is 55 percent and the fat content is 25 percent.

5. "Jensen's Washed Rind." The ingredients are pasteurized cow's milk, salt, rennet, cultures, and annato. The moisture content is 60 percent and the fat content is 25 percent.

6. "Goat Camembert" is made from pasteurized goat milk. The moisture content is 56 percent and the fat content is 25 percent.

The applicable subheading for "Gippsland Blue Cheese" and "Blue Orchid Blue," if imported in quantities that fall within the limits described in additional U.S. note 17 to chapter 4, and in original loaves, 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 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 products will be classified in subheading 0406.40.7000, HTS, and will be dutiable at US $2.403 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 "Gippsland Blue Cheese" and "Blue Orchid Blue," if imported in quantities that fall within the limits described in additional U.S. note 17 to chapter 4, and not in original loaves, will be 0406.40.5800, HTS, which provides for cheese and curd, blue-veined cheese, other, described in additional U.S. note 17 to this chapter and entered pursuant to its provisions, other. The 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 products will be classified in subheading 0406.40.7000, HTS, and will be dutiable at US $2.403 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 "Farmhouse Hillcrest Mature," "Lavender," and "Jensen's Washed Rind," if imported in quantities that fall within the limits described in additional U.S. note 16 to chapter 4, will be 0406.90.9500, 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 (excluding goods containing mixtures of subheadings 0406.90.61 or 0406.90.63, 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 $1.598 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.

The applicable subheading for "Goat Camembert" will be 0406.90.9900, 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 (excluding goods containing mixtures of subheadings 0406.90.61 or 0406.90.63, other, other, other. The rate of duty will be 9 percent ad valorem.

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

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