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NY 895365

March 25, 1994

CLA-2-04:S:N:N7:231 895365


TARIFF NO.: 0406.30.6045; 9904.10.51

Mr. Carl Newton
Newton Foster International, Inc.
2240 Suwannee Drive
Marrero, LA 70072

RE: The tariff classification of processed cheese from Venezuela.

Dear Mr. Newton:

In your letter, which is undated, and received by this office on March 4, 1994, you requested a tariff classification ruling.

The merchandise is comprised of two types of processed cheese. You indicate in your correspondance that the two types of cheese are processed from a mixture of 40 percent Gouda, 30 percent Cheddar, and 30 Emmentaler cheese. Both types of cheese are made from cow's milk, and you provide the moisture content of each. The products are described thus:

1. Queso Fundido Americano (processed American cheese; original loaf, one kilo). The ingredients are Gouda, Cheddar, Emmentaler, water, sodium phosphate, salt, oleoresin, paprika, and fat on a dry base. You state that the moisture content ranges from 45 percent to 47 percent.

2. Queso Fundido Supercheez (processed Supercheez; original packing; 385 grams net weight). The ingredients are Gouda, Cheddar, Emmentaler, water, whey powder, powdered skim milk, sodium phosphate, milk cream, salt, lactic acid, English sauce, mustard, oleoresin, paprika, condiments, and fat on a dry base. The moisture content ranges from 52.5 percent to 53.5 percent.

The applicable subheading for the Queso Fundido Americano (processed American cheese) and the Queso Fundido Supercheez (processed Supercheez), will be 0406.30.6045, Harmonized Tariff Schedule of the United States (HTS), which provides for cheese and curd, processed (process) cheese, not grated or powdered, other, including mixtures of the above, other, containing, or processed from, Swiss, Emmentaler or Gruyere-process cheeses. The rate of duty will be 10 percent ad valorem.

Articles classifiable in HTS subheading 0406.30.6045 are subject to the quota quantity restrictions listed in subchapter IV of Chapter 99 in HTS subheading 9904.10.51, which limit the amount of such cheese which may be imported each year into the United States. Such cheese imported into the United States from countries other than the European Economic Community, Austria, Finland or Switzerland, has an annual quota quantity allocation of 79,833 kilograms each calendar year. Additionally, 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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