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NY 806618

March 2, 1995

CLA-2-04:S:N:N7:231 806618


TARIFF NO.: 0406.10.8400; 0406.10.8800

Mr. Stephan J. Bianchi
All-Ways Forwarding Int'l Inc.
Hemisphere Center
U.S. Rt. 1-9 South
Newark, New Jersey 07114

RE: The tariff classification of "Midas" cheese (cream cheese) from Norway.

Dear Mr. Bianchi:

In your letter dated February 6, 1995, on behalf of Norseland Foods Inc., you requested a tariff classification ruling.

The product, "Midas" cheese, is described as a fresh cream cheese and is said to be made from approx. 80% goat's milk, 20% cow's cream, salt and stabilizer.

The applicable subheading for the "Midas" cheese (cream cheese), if imported in quantities that fall within the limits described in additional U.S. note 16 to chapter 4, will be 0406.10.8400, Harmonized Tariff Schedule of the United States (HTS), which provides for Cheese and curd: Fresh (unripened or uncured) cheese, including whey cheese, and curd: other: other: other cheese and substitutes for cheese (except cheese not containing cow's milk, and soft ripened cow's milk cheese), described in additional U.S. note 16 to chapter 4 and entered pursuant to its provisions. The rate of duty will be 10 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 16 to chapter 4 have been reached, the product will be classified in subheading 0406.10.8800, HTS, and dutiable at $1.731 per kilo. In addition, products classified in subheading 0406.10.8800, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.06.38 to 9904.06.49, 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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