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NY B85208

April 21, 1997

CLA-2-04:RR:NC:2:231 B85208


TARIFF NO.: 0406.10.8400; 0406.10.8800

Mr. Dennis Beharry
Unitrade, Inc.
4700 NW 35th Street, W 508
Lauderdale Lakes, FL 33319

RE: The tariff classification of fresh Paneer cheese from Canada.

Dear Mr. Beharry:

In your letter, dated April 15, 1997, you have requested a tariff classification ruling.

The merchandise is fresh Paneer cheese. The ingredients are pasteurized cow's milk and lactic acid. The color is creamy white to pale yellow, and the cheese has a smooth, rindless body. The moisture content will be 55 percent. The pH will be 5.25-5.4 percent.

The applicable subheading for the fresh Paneer cheese, if imported in quantities that fall within the limits described in additional U.S. note 16 to chapter 4, will be 0406.10.8400, Harmonized Tariff Schedule of the United States (HTS), which provides for cheese and curd, fresh (unripened or uncured) cheese, including whey cheese, and curd, other, other, other, other cheese and substitutes for cheese (except cheese not containing cow's milk, and soft ripened cow's milk cheese), described in additional U.S. note 16 to chapter 4 and entered pursuant to its provisions. The rate of duty will be 10 percent ad valorem. If the quantitative limits of additional U.S. note 16 to chapter 4 have been reached, the product will be classified in subheading 0406.10.8800, HTS, and will be dutiable at US $1.642 per kilogram. In addition, products classified in subheading 0406.10.8800, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.06.38 - 9904.06.49, 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.


Gwenn Klein Kirschner
Chief, Special Products Branch

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