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NY 806951



April 17, 1995

CLA-2-04:S:N:N7:231 806951

CATEGORY: CLASSIFICATION

TARIFF NO.: 0406.90.9500

Mr. Fred East
Swiss Rose International, Inc.
14 Empire Boulevard
Moonachie, NJ 07074

RE: The tariff classification of skim milk cheese from Austria, Denmark, Ireland, and the United Kingdom.

Dear Mr. East:

In your letter, dated February 13, 1995, you have requested a tariff classification ruling.

The product, skim milk cheese, is dull yellow, cow's milk cheese with a rubbery appearance. It has a grainy interior and scattered mechanical openings. Laboratory analysis indicates that the accompanying sample contains, by weight, a moisture content of 46.8 percent, 39.9 percent protein, 0.65 percent fat (1.2 percent in the dry matter), and 0.2 percent NaCl (salt). The pH is 5.4. This skim milk cheese will be imported in industrial size blocks.

The applicable subheading for the skim milk cheese, if imported in quantities that fall within the limits described in additional U.S. note 16 to chapter 4, will be 0406.90.9500, 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, containing cow's milk (except 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. If the quantitative limits of additional U.S. note 16 to chapter 4 have been reached, the product will be classified in subheading 0406.90.9700, HTS, and will be dutiable at US $1.731 per kilogram. In addition, products classified in subheading 0406.90.9700, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.06.38 - 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.

Sincerely,

Jean F. Maguire
Area Director

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