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NY A89749

November 27, 1996

CLA-2-04:RR:NC:2:231 A89749


TARIFF NO.: 0406.30.2400; 0406.30.2800

Mr. Magdy Ebeed
Egyptex Trading Corporation
347 Fifth Avenue, Suite 1208
New York, NY 10016

RE: The tariff classification of processed Cheddar cheese from Egypt.

Dear Mr. Ebeed:

In your letter, dated November 15, 1996, you have requested a tariff classification ruling.

The product, which is labelled, "Chester Cheese," is processed Cheddar cheese. The ingredients are cow's milk, Cheddar cheese, fresh, soft cheese, butter oil, full cream milk powder, emulsifying salts, potassium sorbate, and citric acid. In your correspondence you indicate that the cheese will contain, by weight, a moisture content of 50.2 percent, 49.8 percent fat in the dry matter, and 26.5 percent fat. The pH will be 5.44 percent. The cheese is in the form of a rectangular solid, and it weighs two kilograms.

The applicable subheading for the processed Cheddar cheese, if imported in quantities that fall within the limits described in additional U.S. note 18 to chapter 4, will be 0406.30.2400, Harmonized Tariff Schedule of the United States (HTS), which provides for cheese and curd, processed (process) cheese, not grated or powdered, Cheddar cheese, described in additional U.S. note 18 to chapter 4 and entered pursuant to its provisions. The rate of duty will be 16 percent ad valorem. If the quantitative limits of additional U.S. note 18 to chapter 4 have been reached, the product will be classified in subheading 0406.30.2800, HTS, and will be dutiable at US $1.371 per kilogram. In addition, products classified in subheading 0406.30.2800, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.05.59 - 9904.05.73, 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 Part 177 of the Customs Regulations (19 CFR 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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