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NY 847669

February 2, 1990



TARIFF NO.: 0406.90.8060 (9904.10.54)

Mr. Robert Hankey
Murray Vernon Limited
Crewe Cheshire CW1 1RX

RE: The tariff classification of MONTEREY cheese from England.

Dear Mr. Hankey:

In your letter dated November 13, 1989, you requested a tariff classification ruling.

The Monterey cheese in question will be produced in the United Kingdom and imported in the form of rindless, rectangular blocks. Monterey cheese is a cow's milk cheese, yellow in color, having a smooth, plastic body with few mechanical openings, and a mild, creamy taste. A sample of this cheese, submitted to the Customs laboratory at New York, was found to contain, by weight, 41.8 percent moisture, 32.2 percent fat (55.4 percent fat on a dry basis), 22.1 percent protein, and 2.2 percent salt, with a pH of 5.3.

The applicable subheading for this MONTEREY cheese will be 0406.90.8060, Harmonized Tariff Schedule of the United States (HTS), which provides for cheese, not elsewhere provided for, containing cow's milk (except soft-ripened cow's milk cheese). 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 kilograms 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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