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NY M86089




September 14, 2006

CLA-2-04: RR: NC: SP: 231 M86089

CATEGORY: CLASSIFICATION

TARIFF NO.: 0406.90.4100;0406.90.4200

Mr. Scott H. Jacobs
Atalanta Corporation
Atalanta Plaza
Elizabeth, NJ 07206

RE: The tariff classification of hard cheese from Italy.

Dear Mr. Jacobs:

In your letter dated August 16, 2006 you requested a tariff classification ruling.

The cheese in question is a hard cheese made from cow’s milk and called “Osi Oro Del Tempo.” The ingredients are cow’s milk, salt, rennet and a preservative (lisozime). A sample block of cheese, provided with this ruling request, had a golden yellow rind, a light yellow interior and a granular texture. The milkfat content was said to be 30 percent with 38 percent moisture, and 1.6 percent salt. The cheese was packed in a vacuum-sealed, “Cryovac” type shrink bag.

The applicable subheading for the Osi Oro Del Tempo cheese, if entered under quota, will be 0406.90.4100, Harmonized Tariff Schedule of the United States (HTSUS), 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 the Osi Oro Del Tempo cheese, if entered outside the quota, will be 0406.90.4200, HTSUS, 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, HTSUS, 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 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 Stanley Hopard at 646-733-3029.

Sincerely,

Robert B. Swierupski
Director,

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