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NY I80912




May 13, 2002

CLA-2-04:RR:NC:2:231 I80912

CATEGORY: CLASSIFICATION

TARIFF NO.: 0406.10.9500; 0406.90.9900

Mr. John Eggena
Fromagerie Tournevent, Inc.
7004 Hince
Chesterville, Quebec G0P 1J0
Canada

RE: The tariff classification of goat cheese from Canada.

Dear Mr. Eggena:

In your letter, dated April 15, 2002, you requested a tariff classification ruling.

The merchandise, which is comprised of goat cheese products, is described thus:

Soft, unripened goat’s milk cheese. The brand names are “Le Biquet,” “Médaillon,” “le Tournevent,” and “Chèvre Doux.” Samples of “Le Biquet” and “Médaillon” goat cheese and paper labels for “le Tournevent” and “Chèvre Doux” brands have been submitted with the inquiry.

The submitted sample, “Le Biquet” brand cheese, is plain, white, soft, unripened goat’s milk cheese. The ingredients are goat’s milk, bacterial culture, salt, and microbial enzyme. The fat content, on a dry basis, is 20 percent. The moisture content, by weight of non-fatty matter, is 58 percent. The cheese is in the form of a brick measuring 2 ½ inches in length, 1 ¾ inches in width, and 1 ¾ inches in height. It is packed in plastic wrap, and the net weight is 100 grams.

“Médaillon” brand cheese is plain, white, soft, unripened goat’s milk cheese. The ingredients are pasteurized goat’s milk, bacterial culture, salt, and microbial enzyme. The fat content, on a dry basis, is 20 percent. The moisture content, by weight of non-fatty matter, is 58 percent. Each package contains six 15 gram medallions (1/2 ounce, net). The six medallions are packed in a cylindrical, plastic container measuring 3 ¼ inches in length and 1 ½ inch in diameter. The plastic container has been inserted in a paper holder.

The submitted paper label for “le Tournevent” brand cheese indicates that it is soft, unripened goat’s milk cheese. The ingredients are goat’s milk, bacterial culture, salt, and microbial enzyme. The fat content, on a dry basis, is 20 percent. The moisture content, by weight of non-fatty matter, is 58 percent. The net weight is 700 grams.

The label for “Chèvre Doux” brand cheese indicates that it is soft, unripened goat’s milk cheese. The ingredients are goat’s milk, bacterial culture, microbial enzyme, and salt. The fat content, on a dry basis, is 18 percent. The moisture content, by weight of non-fatty matter, is 62 percent. The net weight is one kilogram.

Soft, unripened goat’s milk cheese is used principally as a specialty cheese, and it is sold in retail and food service outlets.

Semi-firm, ripened goat’s milk cheese. “Feta Tradition” brand semi-firm, ripened goat’s milk cheese is comprised of feta cubes that are packed either in brine or in seasoned oil.

A sample has been submitted for “Feta Tradition” brand semi-firm, ripened goat’s milk cheese that is packed in brine. The ingredients are goat’s milk, bacterial culture, salt, and rennet. The fat content, on a dry basis, is 22 percent. The moisture content, by weight of non-fatty matter, is 55 percent. Five 1½ inch cubes of feta cheese in brine are packed in a circular, plastic cup (with lid) measuring 3 ¾ inches at the base and 1 ¾ inch in height. The net weight is 150 grams.

A paper label for “Feta Tradition” brand semi-firm, ripened goat’s milk cheese that is packed in seasoned oil has also been submitted with the inquiry. The feta cubes that are packed in seasoned oil are made of goat’s milk, bacterial culture, salt, rennet, and a seasoned sunflower and olive oil mix. The fat content on a dry basis is 22 percent; the moisture content is 55 percent. The net weight is 125 grams.

Feta cheese is used principally as a specialty cheese, and it is sold in retail and food service outlets.

Goat milk curd. Goat milk curd is soft, unripened goat cheese. It is made of pasteurized goat’s milk, bacterial culture, microbial enzyme, and salt. It is packed in two 5 kilogram containers. It contains 18-20 percent milk fat and 58-62 percent moisture. Goat milk curd may be sold in bulk form to goat cheese manufacturers who will ripen it further and add flavoring and salt. It is principally used as a specialty cheese, and it is sold in retail and food service outlets. It is also sold in bulk form to goat dairies for further processing.

The applicable subheading for soft, unripened goat’s milk cheese (item 1) and soft, unripened, bulk goat milk curd (item 3) will be 0406.10.9500, Harmonized Tariff Schedule of the United States (HTS), which provides for cheese and curd, fresh (unripened or uncured) cheese, including whey cheese, and curd, other, other, other, other. The general rate of duty will be 8.5 percent ad valorem.

The applicable subheading for semi-firm, ripened feta cheese (item 2) will be 0406.90.9900, 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 general 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 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 (646) 733-3030.

Sincerely,

Robert B. Swierupski
Director

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