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NY I82452





May 22, 2002

CLA-2-04:RR:NC:2:231 I82452

CATEGORY: CLASSIFICATION

TARIFF NO.: 0406.90.5700

Mr. José Quintana
Quintana Hermanos, Inc.
P.O. Box 364706
San Juan, PR 00936-4706

RE: The tariff classification of Manchego cheese from Spain.

Dear Mr. Quintana:

In your letter, dated May 14, 2002, you requested a tariff classification ruling.

The merchandise is described thus:

“Gran Maestre” brand “Manchego cheese - semicurado.” The ingredients are pasteurized sheep’s milk, cheese cultures, rennet, and salt. The item is in the form of a wheel measuring 7 ¼ inches in diameter and 3 ¾ inches in height. It is in original loaves and it is packed in plastic. The cheese has been aged for a period of three months. In your correspondence you indicate that the cheese will contain, by weight, 58 percent fat on a dry basis and a moisture content of 42 percent. The net weight is 3 kilograms. “Gran Maestre” brand “Manchego cheese – viejo.” The ingredients are pasteurized sheep’s milk, cheese cultures, rennet, and salt. The item is in the form of a wheel measuring 7 inches in diameter and 3 ½ inches in height. It is in original loaves and it is packed in plastic. The cheese has been aged for a period of twelve months. In your correspondence you indicate that the cheese will contain, by weight, 62 percent fat on a dry basis and a moisture content of 38 percent. The net weight is 3 kilograms.

The applicable subheading for Manchego cheese (items 1 and 2) will be 0406.90.5700, 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, cheeses made from sheep’s milk, pecorino, in original loaves, not suitable for grating. The rate of duty will be free.

Importations of these products are subject to import regulations administered by various U.S. agencies. Requests for information regarding applicable regulations administered by the U.S. Department of Agriculture may be addressed to that agency at the following location:

A.P.H.I.S., Veterinary Services
Federal Building, Room 756
6505 Belcrest Road
Hyattsville, MD 20782

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 Thomas Brady at (646) 733-3030.

Sincerely,

Robert B. Swierupski
Director

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