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NY D83893




November 20, 1998

CLA-2-04:RR:NC:2:231 D83893

CATEGORY: CLASSIFICATION

TARIFF NO.: 0406.90.9900

Mr. John Eggena
Fromagerie Tournevent, Inc.
7004 Hince
Chesterville (Arthabaska), Quebec G0P 1J0 Canada

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA) of goat cheese from Canada; Article 509

Dear Mr. Eggena:

In your letter, dated August 3, 1998, and which was received in this office on October 21, 1998, you requested a ruling on the status of goat cheese from Canada under the NAFTA.

The merchandise is described thus:

1. Firm, ripened goat cheese - The brand names are "Chevrino" (mild - 0 to 3 months) and "Chevre Noir" (aged - over 12 months). The ingredients are pasteurized goat milk, bacterial culture, microbial enzyme, salt, and calcium chloride. The moisture content is 58 percent and the fat content on a dry basis is 48 percent. In your correspondence you indicate that all ingredients are of Canadian origin.

2. Soft, surface ripened goat cheese - The brand name is "Chevre Fin." The ingredients are pasteurized goat milk, bacterial culture, microbial enzyme, salt, and Penicillium candidum. The moisture content is 68 percent and the fat content on a dry basis is 50 percent. All ingredients are of Canadian origin.

The applicable subheading for firm, ripened goat cheese and soft, surface ripened goat cheese will be 0406.90.9900, 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 (excluding goods containing mixtures of subheadings 0406.90.61 or 0406.90.63), other, other, other. The general rate of duty will be 9 percent ad valorem.

The goat cheese, being wholly obtained or produced entirely in the territory of Canada, will meet the requirements of HTSUSA General Note 12(b)(i), and will therefore be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 CFR 181).

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

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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