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NY 807971



April 7, 1995

CLA-2-04:S:N:N7:231 807971

CATEGORY: CLASSIFICATION

TARIFF NO.: 0406.90.7600; 0406.90.9500

Ms. Ulla E. Nylin-Reinelt
48-10 Spring Street
Greenwich, CT 06830

RE: The tariff classification of five cheeses from Sweden.

Dear Ms. Nylin-Reinelt:

In your letter dated March 8, 1995 you requested a tariff classification ruling.

You indicate in your letter that you seek classification for the following cheese:

1) Vodka Currant Cheese: ingredients include pasteurized cow's milk, cheese rennet, salt, calcium chloride and E202, E251, E235, flavored vodka and said to contain 50 percent fat in dry matter and 40 percent water.

2) Vodka Pepper Cheese: ingredients include pasteurized cow's milk, cheese rennet, salt, calcium chloride and E202, E251, E235, flavored vodka and said to contain 50 percent fat in dry matter and 40 percent water.

3) Whisky Cheese: ingredients include pasteurized cow's milk, cheese rennet, salt, calcium chloride and E202, E251, E235, whisky and said to contain 50 percent fat in dry matter and 40 percent water.

4) Garlic Cheddar Cheese: ingredients include pasteurized cow,s milk, cheese rennet, salt, calcium chloride, E202, E251,E235, whisky, garlic and said to contain 50 percent fat in dry matter and 40 percent water.

5) Juniper Berry Cheese: ingredients include pasteurized cow,s milk, cheese rennet, salt, calcium chloride, E202, E251,E235, whisky and said to contain 45 percent fat in dry matter and 41 percent water.

The applicable subheading for the Garlic Cheddar Cheese if imported in quantities that fall within the limits described in additional U.S. note 18 to chapter 4, will be 0406.90.7600, Harmonized Tariff Schedule of the United States (HTS), which provides for Other cheese:...Cheddar cheese...Other. 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).

If the quantitative limits of additional U.S. note 18 to chapter 4 have been reached, the product will be classified in subheading 0406.90.7800, HTS, and dutiable at $1.407 per kilogram. In addition, products classified in subheading 0406.90.7800, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.05.59 to 9904.05.73, HTS.

The applicable subheading for the Vodka Currant Cheese, the Vodka Pepper Cheese, the Whisky Cheese and the Juniper Berry 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 other cheeses, and substitutes for cheese, including mixtures of the above: 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. 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).

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 dutiable at $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 to 9904.06.49, HTS.

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

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
New York Seaport

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