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NY 887938

August 06, 1993



TARIFF NO.: 0406.90.8060 (9904.10.54)

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

RE: The tariff classification of "BAVARELLA" 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 "Jager" brand BAVARELLA Cheese. The cheese is described as a pasta filata type cheese made from cow's milk in two sizes. The larger size consists of a one kilogram cylindrical loaf, measuring about 7 cm (2.8 inches) in diameter and 21 cm (about 8.3 inches) in length and packed eight cheeses per export carton. The smaller size weighs about 300 grams (10.7 ounces), measuring about 4.5 cm (1.8 inches) in diameter and 12 cm (4.8 inches) in length and packed 6 units per export carton. A sample cheese consisted of a rindless, pale yellow cheese with a smooth, plastic texture and a few small mechanical openings. The cheese had a mild, milky flavor. This cheese is said to consist, by weight, of 46 percent moisture, 26 percent butterfat on an as-is basis (48 percent butterfat in the dry matter), 54 percent total solids and 1.0 percent salt, with a pH of 5.3. An analysis by the Customs Laboratory at New York found that the sample, a cow's milk cheese, contained, by weight, 45.5 percent moisture, 25.6 percent butterfat (47 percent butterfat in the dry matter), 27.8 percent protein and 1.7 percent salt, with a pH of 6.1.

The applicable subheading for "Jager" brand BAVARELLA Cheese loaves 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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