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NY 850609

June 20, 1990



TARIFF NO.: 0406.90.8060 (9904.10.54)

Mr. William S. Hennings, General Manager
Swissrose International, Inc.
650 New County Road
Secaucus, NJ 07094

RE: The tariff classification of a "Cheshire" cheese from Ireland.

Dear Mr. Hennings:

In your letter dated March 19, 1990, you requested a tariff classification ruling.

This "Cheshire" cheese is pale yellow in color and has an open, crumbly texture. The cheese is said to have a moisture content of about 40 to 43 percent and will be imported in blocks for industrial use. An analysis of the sample submitted with your letter by the U.S. Customs Laboratory at New York indicated indicates a butterfat content, by weight, of 30.0 percent (48.9 percent butterfat in the dry matter), a moisture content of 38.8 percent, and a protein content of 24.4 percent. The pH of the sample was reported at 5.25. This sample did not have the textural characteristics of a granular (stirred curd) cheese.

The applicable subheading for this "Cheshire" cheese will be 0406.90.8060, Harmonized Tariff Schedule of the United States (HTS), which provides for Other cheese and curd, not elsewhere specified or included, containing cow's milk. The rate of duty will be 10 percent ad valorem.

Articles classifiable in HTS subheading 0406.90.8060 are subject to quota quantity restrictions listed in subchapter IV of Chapter 99 in HTS subheading 9904.10.54, which limits the amount of such cheese which may be imported from the European Economic Community to an annual quota quantity of 20,456,000 kilograms (of which 353,000 are reserved for Portugal). Additionally, an import license, issued to the importer by the United States Department of Agriculture, will be required at the time such merchandise is entered for consumption into the United States.

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

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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