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NY E87605

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October 7, 1999

CLA-2-19:RR:NC:2:228 E87605

CATEGORY: CLASSIFICATION

TARIFF NO.: 1901.90.3400, 1901.90.3600

Mr. Charles A. Gabbert
Atalanta Corporation
Atalanta Plaza
Elizabeth, NJ 07206

RE: The tariff classification of “Combi White” from Denmark.

Dear Mr. Gabbert:

In your letter dated September 15, 1999, you requested a tariff classification ruling.

The sample submitted with your letter was examined and disposed of. Oerum/Danish Combi White is a white colored, semi-soft, filled cheese composed of skim cow’s milk, vegetable oil, lactic starter culture, salt, and vegetable rennet. The sample consists of three pre-sliced cheese rounds, measuring approximately 2 inches tall and 4 inches in diameter each, packed in water, in a metal pull top can containing 1000 grams, net weight.

The applicable subheading for the Oerum/Danish Combi White, if imported in quantities that fall within the limits described in additional U.S. note 23 to chapter 4, will be 1901.90.3400, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations of goods of headings 0401 to 0404not elsewhere specified or includedothermargarine cheesedescribed in additional U.S. note 23 to chapter 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 23 to chapter 4 have been reached, the product will be classified in subheading 1901.90.3600, HTS, and dutiable at the rate of $1.161 per kilogram. In addition, products classified in subheading 1901.90.3600, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.06.29 to 9904.06.36, HTS.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (CFR Part 134). The sample you have submitted does not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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 Stanley Hopard at 212-637-7065.

Sincerely,

Robert B. Swierupski
Director,

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See also:

• Tariff No.: 1901.90.34 - Margarine cheese subject to add. US note 23 to Ch. 4 and entered pursuant to its provisions
• Tariff No.: 1901.90.36 - Margarine cheese not subject to gen. note 15 or add US note 23 to Ch. 4
• Tariff No.: 9904.06.29 - Cheese w/0.5% or less butterfat or margarine cheese, in 0406.10.78, 0406.20.87, etc, entered value safeguard period, under $0.50/kg
• Tariff No.: 9904.06.36 - Cheese w/0.5% or less butterfat or margarine cheese, in 0406.10.78, 0406.20.87, etc, entered value safeguard period, $1.70/kg or more