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NY 818687

February 2, 1996

CLA-2-04:RR:NC:FC:231 818687


TARIFF NO.: 0406.10.7400; 0406.10.7800

Mr. Jeff Simon
Galilee Cheese Corp.
P.O. Box 98
Tenafly, NJ 07670

RE: The tariff classification of fresh cheese from Israel.

Dear Mr. Simon:

In your letter, dated January 19, 1996, you have requested a tariff classification ruling.

The product is low fat, fresh, soft cheese. It is made from pasteurized cow's milk, and it contains enzymes and culture. In your correspondance you indicate that the cheese will contain, by weight, 0 percent fat.

The applicable subheading for fresh cheese, if imported in quantities that fall within the limits described in additional U.S. note 23 to chapter 4, will be 0406.10.7400, 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, containing 0.5 percent or less by weight of butterfat, described in additional U.S. note 23 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 23 to chapter 4 have been reached, the product will be classified in subheading 0406.10.7800, HTS, and will be dutiable at US $1.261 per kilogram. In addition, products classified in subheading 0406.10.7800, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.06.29 - 9904.06.37, HTS.

Articles classifiable under subheading 0406.10.7400, HTS, which are products of Israel, are entitled to duty free treatment under the United States - Israel Free Trade Area upon compliance with all applicable regulations.

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 the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Ralph Conte at (212) 466-5759.


Roger J. Silvestri

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