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NY 893781

February 1, 1994

CLA-2-04:S:N:N7:229 893781


TARIFF NO.: 0406.20.6060 (9904.10.54)

Mr. John P. Onnen, atty-in-fact
The Myers Group (US), Inc.
7484 Candlewood Road
Harmans, MD 21077

RE: The tariff classification of reduced fat CAMEMBERT Cheese powder from the Republic of Ireland.

Dear Mr. Onnen:

In your letter dated January 3, 1994, you requested a tariff classification ruling in behalf of Kerry Ingredients of Beloit, Wisconsin.

The product in question, described as reduced fat CAMEMBERT Cheese powder, is made from natural soft-ripening cow's milk cheese by a spray-drying process. The product, a very fine powder, off white to light grey in color, is said to contain only natural cheese ingredients, and has a mild cheese flavor. The product contains, by weight, 21 percent butterfat, 58 percent protein, 8.5 percent minerals, 7.5 percent carbohydrates and 5 percent moisture. This cheese powder will be imported in bulk in polyethylene-lined multi-layer paper bags, and will be used as an ingredient in various food products.

The applicable subheading for this reduced fat CAMEMBERT Cheese powder will be 0406.20.6060, Harmonized Tariff Schedule of the United States (HTS), which provides for Cheese and curd:... Grated or powdered cheese, of all kinds:...Other, including mix- tures of the above:...Other...Other:...Other:...Containing cow's milk. The rate of duty will be 10 percent ad valorem.

Articles classifiable in HTS subheading 0406.20.6060 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 Com-munity 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.

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

U.S. Department of Agriculture
Foreign Agricultural Service
Import Policies & Trade Analysis Division Att.: Dairy Import Group, Rm 5531, So. Bldg. Washington, D.C. 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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