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NY F87214




June 2, 2000

CLA-2-04:RR:NC:2:231 F87214

CATEGORY: CLASSIFICATION

TARIFF NO.: 0406.90.9500; 0406.90.9700

Mr. Javier Sandrone
Sucesores de Alfredo Williner S.A.
Bv. Julio A. Roca 883
2300 Rafaela
Sta Fe
Argentina

RE: The tariff classification of Fontina cheese from Argentina.

Dear Mr. Sandrone:

In your letter, dated April 19, 2000, you requested a classification ruling on behalf of your client, Picotto Holding, Inc., Miami, FL.

The sample submitted is a yellow wedge, with a net weight of 280 grams. These retail-packed wedges are cut from a cylindrical loaf with an orange-red, plastic wrap and weighing 6.9 kilograms. The original loaf is cut into 24 wedges of equal weight and individually packaged in heat sealed plastic. Fontina cheese is said to consist of 64 percent solid matter and 36 percent moisture, with a pH of 5.45. The fat content is stated to be 46 percent (29.4 percent on a dry basis). The ingredients are shown as pasteurized cow’s milk, lactic ferments, sodium chloride, calcium chloride, rennet and natural coloring.

The applicable subheading for Fontina cheese, 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 Fontina cheese, 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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