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April 14, 1999

CLA-2-04:RR:NC:2:231 D87108

CATEGORY: CLASSIFICATION

TARIFF NO.: 0403.10.9000; 0406.10.8400; 0406.10.8800; 0406.90.9500; 0406.90.9700

Mrs. Denise Khoury
Les Aliments Karnie, Inc.
9450, Charles de La Tour
Montreal, Quebec H4N 1M2
Canada

RE: The tariff classification of yogurt, Labneh, Halloom, Nabulsi, Akawie, Baladi, Twist, and Chinglish cheese from Canada.

Dear Mrs. Khoury:

In your letter, dated January 12, 1999, you have requested a tariff classification ruling.

The merchandise is described thus:

1. Labneh with red pepper, in oil. This product, labeled as soft, unripened cow's milk cheese, is in the form of white cheese balls, approximately an inch and a quarter in diameter, packed with red pepper powder in vegetable oil. The cheese is said to contain, by weight, 55 percent moisture and 20 percent milk fat. The sample consists of a retail labeled, glass jar with a net contents of 250 grams.

2. Labneh with mint, in oil. This product is similar to the Labneh described above, but it contains mint powder instead of red pepper powder.

3. Labneh, plain, in oil. This product is similar in appearance and packing to those previously described. The moisture content of this cheese is said to be 55 percent by weight, with fat content at 25 percent by weight.

4. Labneh, plain. Plain Labneh is cow's milk cheese packed in a plastic cup for retail sale. The label price is based on actual weight. The sample weighs 0.564 kilograms.

5. Labneh cheese made with 50 percent cow's milk, 50 percent goat's milk. This Labneh cheese is said to be similar in form to plain Labneh. The milk used to make the cheese, however, is a mixture of cow's milk and goat's milk.

6. Yogurt, plain. Plain yogurt is packed for retail in a one kilogram plastic cup. The milk fat content is 4 percent by weight.

7. Ayran, fermented dairy drink. Ayran brand "Tahn-Koko" is labeled as a fermented milk containing pasteurized milk with bacterial cultures, water and salt. The milk fat content is shown as 1.5 percent. The submitted sample is packed in a retail, plastic beverage container of 500 milliliters. The product label indicates that this product may be packed in two liter and four liter containers, as well.

8. Halloom, soft, unripened cheese. Halloom cheese is a soft, white cheese with visible mechanical openings. The label indicates that it is unripened cheese containing 52 percent moisture and 24 percent milk fat. The accompanying sample is packed in cryovac for retail sale. The net weight of the sample package is 0.386 kilograms. Presumably, the net weight of the retail packed product will vary.

9. Nabulsi, semi-soft, unripened cheese. Nabulsi is semi-soft, unripened, white cheese with visible mechanical openings. The moisture content is shown as 52 percent by weight, the milk fat at 24 percent by weight. The cheese is retail packed in cryovac with small black seeds (benedic). The sample package contains two one inch slabs of cheese.

10. Akawie, soft, unripened cheese. Akawie is soft, unripened, white cheese. The moisture content is shown at 57 percent by weight, with the milk fat content at 22 percent. The sample is packaged for retail in a cryovac bag.

11. Baladi, soft, unripened cheese. Baladi is soft, unripened, white cheese with a smooth texture. The sample, packaged in a cryovac bag, has a moisture content of 57 percent by weight, and a fat content of 22 percent.

12. Twist cheese, a semi-soft, ripened cheese in a twisted strand, with caraway seeds. Twist cheese is a firm, unripened, white cheese in the form of a twisted strand. The cheese label indicates a moisture content of 42 percent by weight, and a milk fat content of 25 percent. The sample, packaged for retail in cryovac, weighs 0.356 kilograms.

13. Chinglish cheese, a soft cheese, ripened, with spices, in oil. Chinglish consists of white cheese in the form one and one-half inch diameter cheese balls, with mixed spices, packed in a retail size glass jar holding 250 grams, with vegetable oil. The label indicates a moisture content of 53 percent by weight, and a fat content of 18 percent. Labneh cheese, whether plain or packed in oil with red pepper, with mint, plain in oil, or made from a mixture of cow's milk and goat's milk, in oil, Halloom cheese, Nabulsi cheese, Akawie cheese, Baladi cheese, and Twist cheese, are all classifiable as fresh (unripened or uncured) cheese, including whey cheese and curd, in subheading 0406.10, HTS, in the residual subheading for Other cheese and substitutes for cheese (except cheeses not containing cow's milk and soft ripened cow's milk cheese):

If entered under quota, these cheeses are classifiable in subheading 0406.10.8400, HTSUSA, as cheese Described in additional U.S. note 16 to this chapter and entered pursuant to its provisions. The rate of duty will be 10 percent ad valorem.

If entered outside the quota, these cheeses are classifiable in subheading 0406.10.8800, HTSUSA, as Other cheese. The duty rate will be $1.553 per kilogram.

Chinglish cheese is classifiable under the provision for Other cheese in subheading 0406.90, HTSUSA, as Other (cheese): Containing cow's milk (except soft-ripened cow's milk cheese).

If entered under quota, this cheese is classifiable in subheading 0406.90.9500, HTSUSA, as cheese Described in additional U.S. note 16 to this chapter and entered pursuant to its provisions. The rate of duty will be 10 percent of the value.

If entered outside the quota, this cheese is classifiable in subheading 0406.90.9700. The rate of duty will be $1.553 per kilogram.

Goods which are classifiable in subheadings 0406.10.8800 and 0406.90.9700, HTSUSA, are subject to additional safeguard duties, as provided in subheadings 9904.06.38-9904.06.49 in subchapter IV, Chapter 99.

The plain yogurt is classifiable in subheading 0403.10.9000, HTSUSA, under the provision for Yogurt:...Other. The rate of duty will be 17.5 percent ad valorem.

The classification of the Aryan fermented dairy drink will be referred to the Office of Regulations and Rulings in Washington, DC. A ruling will be issued by that office.

For goods classified in subheadings 0406.10.8400 and 0406.90.9500, 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:

Import Quota Manager for Dairy Products
STOP 1029/Room 5531-S
U.S. Department of Agriculture
1400 Independence Ave., S.W.
Washington, DC 20250-1029

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 Thomas Brady at (212) 637-7064.

Sincerely,

Robert B. Swierupski
Director

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