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NY 805899

February 8, 1995

CLA-2-04:S:N:N7:231 805899


TARIFF NO.: 0404.30.5100; 0404.30.5300

Mr. Mario Fernandez
Dutch Cheese Company
1090 N.W. 23rd Street
Miami, Florida 33127

RE: The tariff classification of a pasteurized processed cheese from Portugal.

Dear Mr. Fernandez:

In your letter dated January 9, 1995 you requested a tariff classification ruling.

You describe the product in question as having been made of Maasdammer cheese, water, emulsifying salts and sorbic acid added as a preservative. A sample, submitted with your letter, was said to contain 50 percent fat matter and 44 percent moisture.

The applicable subheading for the pasteurized processed cheese, if imported in quantities that fall within the limits described in additional U.S. note 22 to chapter 4, will be 0406.30.5100, Harmonized Tariff Schedule of the United States (HTS), which provides for Processed (process) cheese, not grated or powered: Gruyere-process cheese...described in additional U.S. note 22 to chapter 4 and entered pursuant to its provisions. The rate of duty will be 6.4 percent ad valorem. Imports under these provisions require import licenses, in accordance with terms and conditions provided in regulations issued by the Secretary of Agriculture, subject to approval of the United States Trade Representative (USTR).

Questions regarding licensing procedures and applications for license to import cheese subject to quota should be addressed to:
Head, Dairy and Import Group
Dairy, Livestock and Poultry Division
Foreign Agricultural Service
U.S. Department of Agriculture
Washington, D.C. 20250

If the quantitative limits of additional U.S. note 22 to chapter 4 have been reached, the product will be classified in subheading 0406.30.5300, HTS, and dutiable at $1.59 per kilogram. In addition, products classified in subheading 0406.30.5300, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.06.19 to 9904.06.28, HTS.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
New York Seaport

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