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NY L82642




March 16, 2005

CLA-2-04: RR: NC: 2:231 L82642

CATEGORY: CLASSIFICATION

TARIFF NO.: 0406.10.8400:0406.10.8800

Ms. Dorthe Rosander
Arla Foods, Inc.
645 Martinsville Road
P.O. Box 624
Basking Ridge, NJ 07920-0624

RE: The tariff classification of flavored cream cheese from Denmark.

Dear Ms.Rosander:

In your letter dated February 15, 2005, you requested a tariff classification ruling.

The merchandise in question consist of seven flavored cream cheeses, packaged in plastic rings weighing 125grams, net, each. The individual items are described, as follows:

“Pepper Cream Cheese,” the product contains, by weight, 63.3 percent fat in the dry matter and 53.2 percent moisture. The ingredients are listed as cream, pepper, salt, gelatine, lactose, paprika and lactic acid culture.

“Chive Cream Cheese,” the product contains, by weight, 68.1 percent fat in the dry matter and 55.1 percent moisture. The ingredients are listed as cream, lactose, chives, salt, gelatine, spices and lactic acid culture.

“Paprika Cream Cheese,” the product contains, by weight, 59.2 percent fat in the dry matter and 51.4 percent moisture. The ingredients are listed as cream, paprika, onion granulate, salt, lactose, gelatine, citric acid, dill, garlic powder and lactic acid culture.

“Rum / Raisin Cream Cheese,” the product contains, by weight, 60.9 percent fat in the dry matter and 44 percent moisture. The ingredients are listed as cream, hazelnut flakes, fudge, raisin, Jamaican rum, Negrita rum, gelatine, salt, citric acid and lactic acid culture.

“Orange Rulle Cream Cheese,” the product contains, by weight, 68.2 percent fat in the dry matter and 48.2 percent moisture. The ingredients are listed as cream, hazelnut flakes, orange pulp, orange liqueur, sugar, gelatine, locust bean gum and citric acid.

“Garlic and Spring Onion Cream Cheese,” the product contains, by weight, 65.7 percent fat in the dry matter and 56 percent moisture. The ingredients are listed as cream, onion, lactose, salt, garlic granulate, gelatine, vinegar, garlic powder, citric acid, parsley and lactic acid culture.

“Pineapple Cream Cheese,” the product contains, by weight, 56.2 percent fat in the dry matter and 45 percent moisture. The ingredients are listed as cream, pineapple, chopped almonds, papaya, orange liqueur, sugar, gelatine, salt and lactic acid.

The applicable subheading for the flavored Pepper, Chive, Paprika, Rum / Raisin, Orange, Garlic and Spring Onion and Pineapple cream cheese, if entered under quota, will be 0406.10.8400, Harmonized Tariff Schedule of the United States (HTS), which provides for cheese and curd, fresh (unripened or uncured) cheese, including whey cheese, and curd, other, other, other, other cheese and substitutes for cheese (except cheese not containing cow’s milk, and 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 the flavored Pepper, Chive, Paprika, Rum / Raisin, Orange, Garlic and Spring Onion and Pineapple cream cheese, if entered outside the quota, will be 0406.10.8800, HTS, which provides for cheese and curd, fresh (unripened or uncured) cheese, including whey cheese, and curd, other, other, other, other cheese and substitutes for cheese (except cheese not containing cow’s milk, and soft ripened cow’s milk cheese), other. The rate of duty will be $1.509 per kilogram. In addition, products classified in subheading 0406.10.8800, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.06.38 – 9904.06.49.

For goods classified in subheading 0406.10.8400, 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

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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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