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NY H82870




June 28, 2001

CLA-2-04:RR:NC:2:231 H82870

CATEGORY: CLASSIFICATION

TARIFF NO.: 0406.90.9500; 0406.90.9700

Ms. Kelly O’Neill
All-Ways Forwarding International, Inc.
701 Newark Avenue, Suite 300
Elizabeth, NJ 07208

RE: The tariff classification of fried Paneer cheese from India.

Dear Ms O’Neill:

In your letter, dated June 18, 2001, you requested a classification ruling in behalf of your client, Kanan Dairy Products, Inc., Oakbrook Terrace, IL.

The merchandise is comprised of Amul fried Paneer cheese (cottage cheese) that is made from a combination of cow and buffalo milk (70 percent cow’s milk and 30 percent buffalo milk). During the manufacturing process, the milk undergoes pasteurization at 80o Centigrade (+/- 5o C) for 15 seconds, standardization, heating at 85o Centigrade (+/- 2o C) for 10 minutes, and cooling at 73o Centigrade (+/- 2o C). Coagulant is added (citric/malic acid, pH 5.62), and the coagulated mass is held for ten minutes in whey. Then the whey is drained, and the coagulated mass (Paneer) is hooped and then pressed for 15-20 minutes. The pressed Paneer mass is kept in 8 percent pasteurized, chilled brine water for 30 minutes. Then the product undergoes cutting and dicing, frying in refined vegetable oil at 140o Centigrade (+/- 5o C) for 15 minutes, packing, and storage (–18o Centigrade). The Paneer cheese will be packed 24 bars per carton, 200 grams per bar. The bars will be wrapped in aluminum paper and vacuum sealed at each end.

The applicable subheading for fried Paneer cheese, if entered under quota, will be 0406.90.9500, 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 feta cheese from cow’s milk (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 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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