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NY I84782




August 22, 2002

CLA-2-04:RR:NC:2:231 I84782

CATEGORY: CLASSIFICATION

TARIFF NO.: 0406.90.9500; 0406.90.9700

Mr. Antonio Ortiz, Jr.
C-Air Brokers and Forwarders, Inc.
6176 Northwest 74th Avenue
Miami, FL 33166

RE: The tariff classification of muenster cheese from Venezuela.

Dear Mr. Ortiz:

In your letter, dated July 24, 2002, you requested a tariff classification ruling on behalf of your client, Tama Corporation, Miami, FL.

The merchandise is comprised of muenster cheese. The submitted sample is a thin, yellow, rectangular slice that measures 6 3/8 inches in length and 5 7/8 inches in width. The product contains, by weight, 57-62 percent milk solids, 38-45 percent moisture, 30-32 percent fat, and 2-3 percent chlorides.

During the manufacturing process, cow’s milk is pasteurized. Then the milk is poured into vats where chlorides, cultures, and rennet are added. The milk is stirred and the rennet coagulates the milk in the vat. The coagulated milk is cut, the curd is stirred, and the whey is removed. The curd is heated, stirred, and placed in molds (in loaves of 6.5 pounds). The curd is allowed to de-whey in the molds. The molds are placed in a cooler. The cheese is removed from the molds, placed in brine tanks, colored with food coloring, vacuum packed in Cryovac® bags, and placed in a cooler for two weeks. A small sample of this cheese appeared to have a dark orange surface smear.

The applicable subheading for muenster cheese, 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 muenster cheese, 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.

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 this product 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

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