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NY C84752




March 6, 1998

CLA-2-04:RR:NC:2:231 C84752

CATEGORY: CLASSIFICATION

TARIFF NO.: 0406.90.9500; 0406.90.9700

Ms. Claire O'Donovan
Dairygold U.S.A. Inc.
140E Commerce Way
Totowa, NJ 07512

RE: The tariff classification of Black Abbey cheese from Ireland.

Dear Ms. O'Donovan:

In your letter, dated February 18, 1998, you have requested a tariff classification ruling.

The product, Black Abbey cheese, is reduced fat cheese. The ingredients are pasteurized cow's milk, rennet, and salt. In your correspondence you indicate that the cheese will contain, by weight, a moisture content of 34.4 percent, 39 percent fat in the dry matter, and 2.7 percent salt. The pH will be 5.2 percent.

The applicable subheading for the Black Abbey cheese, if imported in quantities that fall within the limits described in additional U.S. note 16 to chapter 4, will be 0406.90.9500, 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, containing cow's milk (except 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 0406.90.9700, HTS, and will be dutiable at US $1.598 per kilogram. In addition, products classified in subheading 0406.90.9700, 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.

Sincerely,

Robert B. Swierupski
Director

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