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NY K82482

February 12, 2004
CLA-2-19:RR:NC:2:228 K82482


TARIFF NO.: 1901.90.3400; 1901.90.3600

Mr. Raffi Allaverdi
Best Cheese Corporation
40-4 Radio Circle Drive
Mount Kisko, NY 10549

RE: The tariff classification of Solvita cheese from The Netherlands

Dear Mr. Allaverdi:

In your letter dated January 13, 2004 you requested a tariff classification ruling.

A sample, ingredients list, and description of the manufacturing process were submitted with your letter. Additional information concerning the fat content was received via facsimile transmission on February 9, 2004. The sample was examined and disposed of.

Solvita cheese is a product prepared from milk, skimmed milk, sunflower oil, salt, bacterial culture, rennet, and coloring, molded, pressed, and put up in wax-coated wheels weighing 20 pounds. Approximately one-third of the fat content is derived from the vegetable oil.

The applicable subheading for the Solvita cheese, if imported in quantities that fall within the limits described in additional U.S. note 23 to chapter 4, will be 1901.90.3400, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations of goods of headings 0401 to 0404not elsewhere specified or includedothermargarine cheesedescribed in additional U.S. note 23 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 23 to chapter 4 have been reached, the product will be classified in subheading 1901.90.3600, HTS, and dutiable at the rate of $1.128 per kilogram.

For products classified in subheading 1901.90.3400, 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.

Products classified in subheading 1901.90.3600, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.06.29 to 9904.06.36, HTS

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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 Stanley Hopard at 646-733-3029.


Robert B. Swierupski

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