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NY 887937

August 03, 1993



TARIFF NO.: 0406.90.8060 (9904.10.54)

Ms. Margaret Eckert
Directory of Trade Relations
CMA - German Agricultural Marketing Board 950 Third Avenue
New York, NY 10022

RE: The tariff classification of "Jager" brand CACIOTTA Cheese from Germany.

Dear Ms. Eckert:

In your letter dated July 1, 1993, you requested a tariff classification ruling on behalf of Milchwerk Jager GmbH & Co. KG. in Bavaria, Germany.

The product in question is designated "Caciotta" Cheese. The cheese is described as a semi-firm slicing cheese, which will be imported in two sizes: CACIOTTA 45 % - Liscio [smooth] will be imported in wheels weighing about 1.2 kilograms each (42 ounces), measuring about 14.5 cm (5.7 inches) in diameter and 8 cm (3.15 inches) in height, and CACIOTTA 45 % - Piccolo [small] will be imported in wheels weighing about 0.7 kilograms (24 ounces), measuring 11 cm (4.3 inches) in diameter and 7 cm (2.75 inches) in height. In either form, the cheese is said to be made from cow's milk and to contain, by weight, 47 percent moisture, 26.5 percent butterfat (48 percent butterfat on a dry basis), 5 percent non fat solids and 1.4 percent salt, with a pH of 5.2. A sample, submitted with this inquiry, consisted of a rindless, pale yellow cheese with a smooth, plastic texture and a few tiny, scattered mechanical openings. The cheese had a mild, milky flavor with a slightly bitter aftertaste. Laboratory analysis indicated that the sample was made from a cow's milk cheese and contained, by weight, 46.5 percent moisture, 24.7 percent butterfat (46.2 percent on a dry basis), 23.3 percent protein and 2.4 percent salt, with a pH of 5.5.

The applicable subheading for "Jager" brand CACIOTTA Cheese wheels will be 0406.90.8060, 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:...Other:...Containing cow's milk (except soft-ripened cow's milk cheese). The rate of duty will be 10 percent ad valorem.

Articles classifiable in HTS subheading 0406.90.8060 are subject to quota quantity restrictions listed in subchapter IV of Chapter 99 in HTS subheading 9904.10.54, which limits the amount of such cheese which may be imported from the European Economic Community to an annual quota quantity of 20,456,000 kilograms (of which 353,000 kilograms are reserved for Portugal). 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.

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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