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NY 891886

November 5, 1993



TARIFF NO.: 0406.30.6030 (9904.10.39)

Mr. Herbert D. Moyer
Euro American Trading-Merchants
Eat-M International
37 Centennial Street
Collegeville, PA 19426-1847

RE: The tariff classification of processed CHEESES from Germany.

Dear Mr. Moyer:

In your letter dated September 9, 1993, you requested a tariff classification ruling.

The products in question are processed CHEESES from the manufacturer's "delicious & light" assortment, which have been designated Leichter Happen and Kr„uter-Mix.

Leichter Happen, which has a fat content of 20 percent in the dry matter, is processed from Cheddar cheese, Edam cheese, Gouda cheese, Tilsiter cheese, German Feta cheese and Quark. Kr„uter- Mix, which has a fat content of 30 percent in the dry matter, is processed from the same natural cheeses as the Leichter Happen process cheese but, in addition, is flavored with herbs, spices and distilled vinegar.

Leichter Happen and Kr„uter-Mix processed cheeses will be imported packaged for retail in the form of foil-wrapped wedges of 25 grams (0.89 ounce) each, packed eight wedges per circular tray of 200 grams (about 7.1 ounces). Alternatively, these cheeses will be put up in the form of small blocks, with a Sangerh„usen GmbH label, weighing 100 grams (about 3.6 ounces) each, packed eight blocks per paperboard retail box of 800 grams, net. These retail trays and boxes will be packed in export cartons of either 2.4 or 4.8 kilograms each.

The applicable subheading for Leichter Happen and Kr„uter-Mix processed CHEESES, in wedges and small blocks, will be 0406.30.6030, Harmonized Tariff Schedule of the United States (HTS), which provides for Processed (process) cheese, not grated or powdered:...Other, including mixtures of the above:...Other:... Containing, or processed from, Edam and Gouda cheeses. The rate of duty will be 10 percent ad valorem.

Articles classifiable in HTS subheading 0406.30.6030 are subject to quota quantity restrictions listed in subchapter IV of Chapter 99 in HTS subheading 9904.10.39, which limits the amount of such cheese which may be imported from the European Economic Community to an annual quota quantity of 1,237,000 kilograms.

In addition to the quota quantity restrictions listed above, these cheese products are subject to import quota licensing requirements. Accordingly, 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 license to import cheese subject to quota should be addressed to:

U.S. Department of Agriculture
Foreign Agricultural Service
Import Policies & Trade Analysis Division Att.: Dairy Import Group, Rm 5531, So. Bldg. Washington, D.C. 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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