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NY 813332

August 23, 1995

CLA-2-04:S:N:N7:231 813332


TARIFF NO.: 0406.90.9500; 0406.90.9700

Ms. Ginger Rozakis
Schratter Import
72 Summit Avenue
Montvale, NJ 07645

RE: The tariff classification of Chamois d'Or cheese from France.

Dear Ms. Rozakis:

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

The product is Chamois d'Or cheese. The item is in the form of a wheel,
24.13 centimeters (9.5 inches) in diameter, and 5.08 centimeters (2 inches) in height. The exterior of the cheese is covered with a white, papery mold. The interior of the cheese is pale yellow in color, and it has a smooth, paste consistency. Chamois d'Or is a pressed cheese. It does not ripen from the surface to the center, and is not a soft-ripening variety.

The product is made from pasteurized cow's milk. In your correspondance you indicate that the cheese will contain, by weight, a moisture content of 46.3 percent (69 percent of the non fatty matter), and 33 percent fat (60 percent on a dry basis).

The applicable subheading for the Chamois d'Or 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.

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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