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NY 899368

July 20, 1994

CLA-2-04:S:N:N7:231 899368


TARIFF NO.: 0406.90.8060; 9904.10.54

Ms. Debbie Johansen
All-Ways Forwarding International, Inc.
Hemisphere Center
US Route 1-9 South
Newark, NJ 07114

RE: The tariff classification of Mogeely cheese from Ireland.

Dear Ms. Johansen:

In your letter, dated June 21, 1994, you requested a tariff classification ruling on behalf of your client, Arthur Schuman, Inc.

The merchandise is Mogeely cheese. You indicate in your correspondance that the cheese is made from pasteurized cow's milk, and that it contains rennet and salt. You state that the moisture content is 35 percent, the fat content is 40 percent, the salt is 2-3 percent, and that the pH is 4.9-5.3 percent.

The applicable subheading for the Mogeely 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 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 the European Economic Community has an annual quota quantity allocation of 20,456,000 kilograms (of which 353,000 kilograms are reserved for Portugal) 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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