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NY M83594





June 15, 2006

CLA-2-04: RR: NC: SP: 231 M83594

CATEGORY: CLASSIFICATION

TARIFF NO.: 0406.90.5900; 0406.90.9900

Mr. Steve Efthimiou, M.BA, J.D
302 Kings Hwy, Suite 111A
Brownsville, TX 78521

RE: The tariff classification of Feta Cheese from Greece.

Dear Mr. Efthimiou:

In your letter dated May 10, 2006, on behalf of your client Christakis USA Ltd., you requested a tariff classification ruling.

The merchandise is Feta Cheese. The cheese will be made using either 100 percent sheep’s milk or from a mixture of 80 percent sheep’s milk and 20 percent goat’s milk. You state that this cheese will not be imported in original loaves but as portions in standard weights of 8, 12, and 16-ounces, net, with some brine added and individually wrapped in plastic packages.

The applicable subheading for Feta Cheese made from 100 percent sheep’s milk, will be 0406.90.5900, Harmonized Tariff Schedule of the United States (HTSUS), 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, other. The rate of duty will be 9.6 percent ad valorem.

The applicable subheading for the Feta Cheese made from 80 percent sheep’s milk and 20 percent goat’s milk, will be 0406.90.9900, Harmonized Tariff Schedule of the United States (HTSUS), 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 8.5 percent ad valorem.

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 merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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