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NY J81192




March 12, 2003

CLA-2-04:RR:NC:2:231 J81192

CATEGORY: CLASSIFICATION

TARIFF NO.: 0406.90.5700; 0406.90.9500; 0406.90.9700

Mr. Vladimir Papazov
VI Trade Corporation
3 Rambling Brook Lane
Poughkeepsie, NY 12601

RE: The tariff classification of White Bulgarian cheese (also known as Feta cheese) and “Balkan” and “Vitosha,” which are yellow cheeses, from Bulgaria.

Dear Mr. Papazov:

In your letter, dated February 10, 2003, you requested a tariff classification ruling on certain cheeses, which are the product of Bulgaria.

These cheeses include three kinds of White Bulgarian cheese (another name for Feta cheese) and two other cheeses, described as Yellow Bulgarian cheeses and designated as “Balkan” cheese and “Vitosha” cheese. The three White Bulgarian, or Feta, cheeses, are listed, as follows:

White Bulgarian cheese (feta cheese), in brine, made from sheep’s milk White Bulgarian cheese (feta cheese), in brine, made from cow’s milk. White Bulgarian cheese (feta cheese), in brine, made from sheep and cow’s milk.

The ingredients in these cheeses are listed as enzymes (rennet), starter culture, calcium dichloride, and salt. These products contains 50-55 percent moisture (maximum), 45-48 percent fat in the dry matter, 20-22 percent total fat (minimum), 14-15 percent protein, and 3-4 percent salt. These cheeses have a white color and semi-hard texture, and are packed for export in plastic tubs or tins of 1, 4, 8, and 16 kilograms.

“Balkan” cheese, made from sheep’s milk. “Vitosha” cheese, made from cow’s milk.

The ingredients in these cheeses are listed as enzymes (rennet), starter culture, calcium dichloride, and salt. Both products contain 38-41 percent moisture, 30-35 percent fat in the dry matter, and 2.5-3.5 percent salt. These cheeses have a yellow interior color and semi-hard texture, and are packaged in vacuum-packed molds of 0.5, 1, 2, 4, and 9 kilograms.

The applicable subheading for White Bulgarian cheese (Feta cheese), item 1, and “Balkan” cheese, item 4, both made from sheep’s milk, will be 0406.90.5700, 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, Pecorino, in original loaves, not suitable for grating. The rate of duty will be free.

The applicable subheading for White Bulgarian cheese (Feta cheese) item 2), and “Vitosha” cheese, item 5, both made from cow’s milk, and White Bulgarian cheese (Feta cheese), item 3, made from a mixture of sheep and cow’s milk, 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 White Bulgarian cheese (Feta cheese), item 2, and “Vitosha” cheese, item 5, both made from cow’s milk, and White Bulgarian cheese (Feta cheese), item 3, made from a mixture of sheep and cow’s milk, 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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