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NY G81909




September 20, 2000

CLA-2-04:RR:NC:2:231 G81909

CATEGORY: CLASSIFICATION

TARIFF NO.: 0406.30.6100; 0406.30.6300

Mr. Frank Carter
All-Ways Forwarding International, Inc.
701 Newark Avenue, Suite 300
Elizabeth, NJ 07208

RE: The tariff classification of a cheese fondue from Switzerland.

Dear Mr. Carter:

In your letter, dated August 25, 2000, you requested a classification ruling on behalf of your client, Zingg and Company, Inc., Fairfield, NJ.

The merchandise, “Fondue with Gorgonzola,” is a ready-made fondue comprised of process cheese. The ingredients are 21 percent Emmental, 20 percent Gruyère, 17 percent Gorgonzola, milk, bacterial culture, rennet, salt, wine, potato starch, fruit brandy, emulsifying salts (sodium citrate and sodium phosphate), salt, and spices. The fondue contains a minimum of 35 percent dry matter, a minimum of 40 percent fat in dry matter, 2.9 percent starch, and 0.8 percent salt. The product is described as yellow-blue and creamy, with blue cheese flavor. The Gorgonzola imparts the character of the product. The fondue is packed in an aluminum foil pouch in a cardboard box. The net weight is 400 grams.

During manufacturing, bacterial cultures and rennet are added to milk. Then the milk undergoes the following processes: coagulation, curd treatment, filling/forming, ripening, cleaning/cutting, pasteurization at 95 degrees Centigrade for a minimum of 5 minutes, melting, filling, packing, and cooling.

The applicable subheading for “Fondue with Gorgonzola,” if entered under quota, will be 0406.30.6100, Harmonized Tariff Schedule of the United States (HTS), which provides for cheese and curd, processed (process) cheese, not grated or powdered, other, including mixtures of the above, other, containing, or processed from, blue-veined cheese (except Roquefort), described in additional U.S. note 17 to chapter 4 and entered pursuant to its provisions. The rate of duty will be 10 percent ad valorem.

The applicable subheading for “Fondue with Gorgonzola,” if entered outside the quota, will be 0406.30.6300, HTS, which provides for cheese and curd, processed (process) cheese, not grated or powdered, other, including mixtures of the above, other, containing, or processed from, blue-veined cheese (except Roquefort), other. The rate of duty will be $2.269 per kilogram. In addition, products classified in subheading 0406.30.6300, HTS, will be subject to additional safeguard duties based on their value, as described in subheadings 9904.05.48 – 9904.05.58, HTS.

For goods classified in subheading 0406.30.6100, 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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