United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2002 NY Rulings > NY I83865 - NY I83916 > NY I83899

Previous Ruling Next Ruling
NY I83899




July 16, 2002

CLA-2-04:RR:NC:2:231 I83899

CATEGORY: CLASSIFICATION

TARIFF NO.: 0406.90.5900; 0406.90.9500; 0406.90.9700

Mr. Jose Quintana
Quintana Hnos, Inc.
P.O. Box 364706
San Juan, PR 00936-4706

RE: The tariff classification of Iberico cheese and sheep cheese from Spain.

Dear Mr. Quintana:

In your letter, dated June 28, 2002, you requested a tariff classification ruling.

The merchandise is described thus:

Semi-cured, pressed Iberico cheese. The product is labeled “Garcia Baquero” brand and “Semicurado.” The ingredients are 40 percent sheep’s milk, 40 percent goat milk, and 20 percent cow’s milk, cultures, enzymes, and salt. The product contains, by weight, 45 percent fat (in the dry matter) and 42 percent moisture (maximum). The submitted sample is in the form of a wheel measuring 7 ½ inches in diameter and 3 ¾ inches in height. The cheese is cured for a period of 40-45 days. It is available in one kilogram and three kilogram wheels. Cured, pressed Iberico cheese. The product is labeled “Garcia Baquero” brand and “Curado.” The ingredients are 40 percent sheep’s milk, 40 percent goat milk, and 20 percent cow’s milk, cultures, enzymes, and salt. The product contains, by weight, 45 percent fat (in the dry matter) and 40 percent moisture (maximum). The cheese is cured for a period of more than 5 months. It is available in 250 gram wedges and 3 kilogram wheels. Pressed, aged Iberico cheese. The product is labeled “Garcia Baquero” brand and “Viejo.” The ingredients are 40 percent sheep’s milk, 40 percent goat milk, and 20 percent cow’s milk, cultures, enzymes, and salt. The product contains, by weight, 45 percent fat (in the dry matter) and 38 percent moisture (maximum). The cheese is cured for a period of more than 7 months. It is available in 250 gram wedges, one kilogram wheels, and three kilogram wheels. Cured, cave aged, “POK” sheep cheese. The product is labeled “Queso Artesano” brand and “POK Elaborado con Leche Cruda de Oveja (Curado POK).” The cheese is made from sheep’s milk. The product contains, by weight, 38 percent moisture (maximum). It is aged for a period of 6-8 months and it is available in the form of a wedge. The net weight is 250 grams. Pre-cut, “Lonchas” sheep cheese. The product is labeled “Garcia Baquero” brand and “Queso Oveja Lonchas.” The cheese is made from sheep’s milk and it is aged for a period of one month. It is in the form of thin slices. The net weight is 125 grams.

The applicable subheading for semi-cured, pressed Iberico cheese” (item 1), cured, pressed Iberico cheese (item 2), and pressed, aged Iberico cheese (item 3), 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.

The applicable subheading for semi-cured, pressed Iberico cheese” (item 1), cured, pressed Iberico cheese (item 2), and pressed, aged Iberico cheese (item 3), 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, 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 safeguard duties based on their value, as described in subheadings 9904.06.38 – 9904.06.49.

The applicable subheading for sheep cheese (items 4 and 5), not in original loaves, will be 0406.90.5900, 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, cheeses made from sheep’s milk, other. The rate of duty will be 9.6 percent ad valorem.

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 that 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 Avenue, S.W.
Washington, DC 20250-1029

Importations of these products are subject to import regulations administered by various U.S. agencies. Requests for information regarding applicable regulations administered by the U.S. Department of Agriculture may be addressed to that agency at the following location:

A.P.H.I.S., Veterinary Services
Federal Building, Room 756
6505 Belcrest Road
Hyattsville, MD 20782

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

Previous Ruling Next Ruling

See also: