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NY G85119




December 7, 2000

CLA-2-04:RR:NC:2:231 G85119

CATEGORY: CLASSIFICATION

TARIFF NO.: 0406.90.9500; 0406.90.9700

Mr. Martin Bloch
Dell Will Customs Brokers (USA), Inc.
28474 Highland Road
Romulus, MI 48174

RE: The tariff classification of Swiss Alpine Cheese and Tête de Moine from Switzerland.

Dear Mr. Bloch:

In your letter, dated November 15, 2000, you requested a classification ruling on behalf of your client, Swiss Alpine Cheese, Ann Arbor, MI.

The merchandise is described thus:

Swiss Alpine Cheese. The sample of Alpkase, which will be marketed as Swiss Alpine Cheese, was in the shape of a wheel, about three inches high, and approximately ten to twelve inches in diameter. This cheese, made from unpasteurized, part-skim cow’s milk (aged a minimum of 120 days), has a very firm texture, with scattered, small eyeholes, and a mild taste. The fat content is said to be about 48 to 50 percent on a dry basis. Tête de Moine. The sample Tête de Moine cheese, also called Fromage de Bellelay after the abbey at which this type cheese originated, was a small, cylindrically shaped cheese with a reddish, mildly greasy rind and weighing approximately one kilogram. A pale yellow cheese, it appeared to be a washed rind variety, with a mild aroma, a firm, smooth texture and a mild, creamy taste. This cheese was made from unpasteurized cow’s milk and aged over sixty days. The label indicates a fat content of about 51 percent in the dry matter (about 30 percent fat, as-is basis) and a moisture content of 40 percent, maximum. The rind on Tête de Moine is stamped on the end (top) of the cheese.

The applicable subheading for Swiss Alpine Cheese (Alpkase, item 1) and Tête de Moine (Fromage de Bellelay, item 2), 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. In 2001 the rate of duty will remain the same.

The applicable subheading for Swiss Alpine Cheese (Alpkase, item 1) and Tête de Moine (Fromage de Bellelay, item 2), 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 2001 the rate of duty will remain the same. 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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