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NY I85687




August 28, 2002

CLA-2-04:RR:NC:2:231 I85687

CATEGORY: CLASSIFICATION

TARIFF NO.: 0406.90.9500; 0406.90.9700

Mr. Renato Poblete
Mercado y Servicio Miemis
Av. Las Condes 11.400 Of. 51
Vitacura, Santiago
Chile

RE: The tariff classification of Queso Mantecoso, Queso Ciboulette, and Queso Pimenton from Chile.

Dear Mr. Poblete:

In your letter, dated August 13, 2002, you have requested a tariff classification ruling.

The merchandise is described thus:

“Los Hornos” brand Queso Mantecoso is plain, traditional Mantecoso cheese. The ingredients are pasteurized cow’s milk, salt, calcium chloride, curdle, and lactic cultures. The product contains, by weight, 51.2 percent fat in the dry matter. Packed in plastic for retail sale, the cheese is available in the form of a rectangular solid measuring 4 inches in width, 5 ¼ inches in length, and 1 ¼ inch in height. The net weight is 450 grams. Mantecoso cheese is a pale yellow cheese with a yellow rind. The cheese interior has a pliant body, consisting of a loosely knit curd with numerous mechanical openings. The cheese has a bland, creamy taste. “Fundo Los Hornos de Panquehue” brand Queso Ciboulette is Mantecoso cheese that contains chives. The ingredients are cow’s milk, salt, chives, calcium chloride, curdle, and lactic cultures. The product contains, by weight, 44.3 percent fat and 39.3 percent protein. Packed in plastic, the cheese is available in the form of a rectangular solid measuring 4 ¼ inches in width, 6 inches in length, and 1 ½ inch in height. The net weight is 450 grams. “Los Hornos” brand Queso Pimenton is Mantecoso cheese that contains red pepper (paprika). The ingredients are pasteurized cow’s milk, red pepper, salt, calcium chloride, curdle, and lactic cultures. The product contains, by weight, 49.5 percent fat in the dry matter. Packed in plastic, the cheese is available in the form of a rectangular solid measuring 4 ¼ inches in width, 5 ½ inches in length, and 1 ¼ inch in height. The net weight is 450 grams.

The applicable subheading for Queso Mantecoso (item 1), Queso Ciboulette (item 2), and Queso Pimenton (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 Queso Mantecoso (item 1), Queso Ciboulette (item 2), and Queso Pimenton (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.

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

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