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NY N024469




March 12, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 0406.90.5600; 0406.90.5700; 0406.90.4100; 0406.90.4200

Mr. James Alterbaum
Moses & Singer LLP
404 Lexington Ave.
New York, NY 10174-1299

RE: The tariff classification of four cheeses from Italy.

Dear Mr. Alterbaum:

In your letters dated December 5, 2007 and February 28, 2008, you requested a tariff classification ruling on behalf of Marcelli Formaggi LLC.

The ruling was requested on four different types of cheese, all of which have been aged for more than 60 days. All will be imported in loaves with natural rinds resulting from natural bacterial growth.

Pecorino Classico is said to be a hard, off-white cheese made from raw, organic, unpasteurized sheep’s milk. Its texture is described as solid and compact, without holes. It contains approximately 50% fat (dry basis) and 30% moisture.

The applicable subheading for the Pecorino Classico, imported in original loaves, will be 0406.90.5600, 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: in original loaves and suitable for grating. The rate of duty will be Free.

Gregoriano (Soft Pecorino) is said to be a soft, white or off-white cheese made from raw, organic, unpasteurized sheep’s milk. It is said to be prepared by breaking the curd several times by hand, then aging it. It contains approximately 40% fat (dry basis) and 45% moisture.

The applicable subheading for the Gregoriano (Soft Pecorino), imported in original loaves, will be 0406.90.5700, 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: pecorino, in original loaves, not suitable for grating. The rate of duty will be Free.

Smoked Ricotta is said to be an ivory-colored cheese made from sheep’s milk and sheep’s milk whey. It is described as being compact, without holes. It contains approximately 52% fat (dry basis) and 25% moisture.

The applicable subheading for the Smoked Ricotta, imported in original loaves, will be 0406.90.5600, 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: in original loaves and suitable for grating. The rate of duty will be Free.

Caciocavallo is a yellow cheese made from organic cow’s milk. It is described as compact, with some small holes in its texture. It is said to contain approximately 45% fat (dry basis) and 40% moisture. We note that Caciocavallo typically is made to a gourd- or pear-like shape but closely resembles Provolone in terms of its production method and its taste.

The applicable subheading for the Caciocavallo, if entered under quota, will be 0406.90.4100, 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%.

The applicable subheading for the Caciocavallo, 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 9904.05.95—9904.06.04

Imports under subheading 0406.90.4100, HTSUS, require an import license, in accordance with terms and conditions provided in regulations issued by the Secretary of Agriculture, subject to the approval of the United States Trade Representative (USTR). The regulations may provide for the reallocation among supplying countries or areas of unfilled quantities, subject to USTR approval.

Questions regarding licensing procedures and applications for licenses to import cheese subject to quota should be addressed to:

Import Quota Manager for Dairy Products
U.S. Department of Agriculture
Stop 1029
1400 Independence Avenue, SW
Washington, DC 20250-1029
Tel: (202) 720-1344

Importations of this merchandise are subject to regulations administered by various U.S. agencies. Requests for information regarding applicable regulations administered by the U.S. Department of Agriculture (USDA) may be addressed to that agency at the following location:

USDA
APHIS, VS, NCIE
Products Program
4700 River Road, Unit 40
Riverdale, MD 20737-1231
Tel: (301) 734-3277

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 the FDA at 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 Nathan Rosenstein at 646-733-3030.

Sincerely,

Robert B. Swierupski
Director,

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