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NY 800606

August 11, 1994

CLA-2-04:S:N:N7:231 800606


TARIFF NO.: 0406.90.8060; 9904.10.54

Dr. C. Sen Gelda
Gelda Scientific and Industrial Development, Inc. 5466 Gorvan Drive
Mississauga, Ontario L4W 3E8

RE: The tariff classification of Paneer cheese from Canada.

Dear Dr. Gelda:

In your letter, dated July 18, 1994, you requested a tariff classification ruling.

The product is Paneer cheese. You indicate in your correspondance that the ingredients are cow's milk and citric acid. The pH ranges from 6.0 to 6.5.

The applicable subheading for the Paneer cheese will be 0406.90.8060, Harmonized Tariff Schedule of the United States (HTS), 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, other, other, other, containing cow's milk (except soft-ripened cow's milk cheese). The general rate of duty will be 10 percent ad valorem.

Articles classifiable in HTS subheading 0406.90.8060 are subject to the quota quantity restrictions listed in subchapter IV of Chapter 99 in HTS subheading 9904.10.54, which limit the amount of such cheese which may be imported each year into the United States. Such cheese imported into the United States from Canada has an annual quota quantity allocation of 1,141,000 kilograms each calendar year. 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.

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

U.S. Department of Agriculture
Foreign Agricultural Service
Import Policies and Trade Analysis Division Att: Dairy Import Group, Rm. 5531, So. Bldg. Washington, DC 20250-1000

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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