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NY G86764




February 6, 2001

CLA-2-04:RR:NC:2:231 G86764

CATEGORY: CLASSIFICATION

TARIFF NO.: 0406.90.9900

Mr. Colin Slyfield
Mead Orchards Limited
123 Franklin Road
Freemans Bay, Auckland
New Zealand

RE: The tariff classification of goat’s milk feta cheese in oil with seasoning from New Zealand.

Dear Mr. Slyfield:

In your letter, dated January 24, 2001, you requested a classification ruling.

The submitted sample, “Aakronia” brand “Marinated Feta,” product code A503A, is feta cheese marinated in oil with herbs and spices. The ingredients are 50 percent feta cheese (made from pasteurized goat’s milk, whey, salt, lactic starter culture, and vegetable rennet), 49 percent sunflower and olive oil (with antioxidant E320), 1 percent herbs and spices, and less than 1 percent preservative (E202). The net weight is 12 ounces.

During the manufacturing process, fresh, whole goat’s milk is pasteurized at 72 degrees Centigrade for more than 15 seconds. Then it undergoes cooling (to processing temperature) and concentration (by ultrafiltration). Ingredients are added (rennet and starter vulture), and it is ripened overnight, cut into blocks, brined, packed, chilled (by storage overnight at 4 degrees Centigrade), and cut into cubes. The cubes are placed in jars, ingredients are added, and the finished product is packed and chilled again (stored at 4 degrees Centigrade).

The applicable subheading for goat’s milk feta cheese will be 0406.90.9900, 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, other. The rate of duty will be 8.5 percent ad valorem.

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 Thomas Brady at 212-637-7064.

Sincerely,

Robert B. Swierupski
Director,

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