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NY F86830




May 24, 2000

CLA-2-04:RR:NC:2:231 F86830

CATEGORY: CLASSIFICATION

TARIFF NO.: 0406.90.9500; 0406.90.9700

Ms. Brigitte Day
UTC Overseas, Inc.
476 Broadway, Suite 5001
New York, NY 10013

RE: The tariff classification of frozen, breaded, “Alpenhain” brand “Gourmet Back-Camembert Cheese” with portions of jellied cranberry sauce from Germany.

Dear Ms. Day:

In your letter, dated May 5, 2000, you requested a classification ruling.

The submitted sample, “Alpenhain” brand “Gourmet Back-Camembert,” is comprised of 2 pieces of breaded Camembert cheese and 2 portions of jellied cranberry sauce. Each piece of breaded Camembert is in the shape of a miniature wheel measuring 3 inches in diameter and ¾ inch in height. The finished product contains 55 percent moisture in fat-free dry matter, 42 percent fat in dry matter, and has a pH of 5.6. Each piece of cheese comes in a fanned paper cup with airtight, plastic, outer packing. Each piece of cheese weighs 80 grams, net. Each portion of jellied cranberry sauce is packed in a plastic container measuring 1 3/8 inch x 1 7/8 inch x ¾ inch. Each portion of cranberry sauce weighs 30 grams. The cheese and cranberry sauce is packed in a cardboard box; the total net weight is 220 grams.

The applicable subheading for “Alpenhain” brand “Gourmet Back-Camembert,” if entered under quota, will be 0406.90.9500, 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, 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.

The applicable subheading for “Alpenhain” brand “Gourmet Back-Camembert,” if entered outside the quota, will be 0406.90.9700, 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), other. The rate of duty will be $1.509 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.

For goods classified in subheading 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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