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NY J85326




June 12, 2003

CLA-2-04:RR:NC:2:231 J85326

CATEGORY: CLASSIFICATION

TARIFF NO.: 0406.90.4100; 0406.90.4200

Ms. Sharon Garcia
Hellmann Perishable Logistics
P.O. Box 521950
Miami, FL 33152-1950

RE: The tariff classification of Argentine Pepato cheese from Argentina.

Dear Ms. Garcia:

In your letter, dated May 29, 2003, you have requested a tariff classification ruling.

The cheese in question is made from cow’s milk and called “Argentine Pepato cheese.” The ingredients are pasteurized cow’s milk, rennet, and starter. A sample cheese wedge, provided with this ruling request, had a yellow rind and peppercorns distributed throughout the interior. The milkfat content was said to be 30 percent (50-53 percent on a dry basis), with 40-43 percent moisture, and less than 1 percent salt. The sample of this Argentine Pepato cheese is a wedge of a Grana type cheese.

The applicable subheading for Argentine Pepato cheese, if entered under quota, will be 0406.90.4100, Harmonized Tariff Schedule of the United States (HTS), which provides for cheese and curd, other cheese, Romano made from cow’s milk, Reggiano, Parmesan, Provolone and Provoletti cheeses, other, made from cow’s milk, described in additional U.S. note 21 to chapter 4 and entered pursuant to its provisions. The rate of duty will be 15 percent ad valorem.

The applicable subheading for Argentine Pepato cheese, if entered outside the quota, will be 0406.90.4200, HTS, which provides for cheese and curd, other cheese, Romano made from cow’s milk, Reggiano, Parmesan, Provolone and Provoletti cheeses, other, made from cow’s milk, other. The rate of duty will be $2.146 per kilogram. In addition, products classified in subheading 0406.90.4200, HTS, will be subject to additional safeguard duties based on their value, as described in subheadings 9904.06.06 – 9904.06.18.

For goods classified in subheading 0406.90.4100, 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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