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NY B89862

September 23, 1997

CLA-2-04:RR:NC:2:231 B89862


TARIFF NO.: 0406.90.4100; 0406.90.4200

Mr. Santino Lettieri
Lettieri Foods Limited
11110 Front Street
Mokena, IL 60448

RE: The tariff classification of Provolone Salame cheese from Canada.

Dear Mr. Lettieri:

In your letter, dated September 16, 1997, you have requested a tariff classification ruling.

The product is Provolone Salame, firm, ripened cheese. The ingredients are pasteurized cow's milk, bacterial culture, microbial enzymes, calcium chloride, and salt. The moisture content is 45 percent and the fat in the dry matter is 24 percent. The color of the surface ranges from yellow to light brown; the interior is cream to yellowish.

The applicable subheading for the Provolone Salame cheese, if imported in quantities that fall within the limits described in additional U.S. note 21 to chapter 4, will be 0406.90.4100, Harmonized Tariff Schedule of the United States (HTS), which provides for cheese and curd, other cheese, Romano made from cow's milk, Reggiano, Parmesan, Provolone and Provoletti cheeses, other, made from cow's milk, described in additional U.S. note 21 to chapter 4 and entered pursuant to its provisions. The general rate of duty will be 15 percent ad valorem. If the quantitative limits of additional U.S. note 21 to chapter 4 have been reached, the product will be classified in subheading 0406.90.4200, HTS, and will be dutiable at US $2.336 per kilogram. In addition, products classified in subheading 0406.90.4200, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.05.95 - 9904.06.05, 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.


Robert B. Swierupski

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