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NY L83932




April 22, 2005

CLA-2-04: RR: NC: 2:231 L83932

CATEGORY: CLASSIFICATION

TARIFF NO.: 0406.10.8400; 0406.10.8800; 0406.90.9500; 0406.90.9700

Mr. George Shengelaia
AgriGeorgia, L.L.C.
288 Jefferson Road
Princeton, NJ 08540-3413

RE: The tariff classification of cheese from Georgia.

Dear Mr. Shengelaia:

In your letter dated April 04, 2005 you requested a tariff classification ruling on certain cheeses.

The merchandise in question includes three cheeses, which will be imported, vacuum packed, in 1.0 lb. packages. The individual items are described, as follows:

Suluguni is said to be a fresh, cow’s milk cheese, containing, by weight, 51-53 percent moisture, 45 percent fat (minimum) and 1-5 percent salt. The sample provided is a rindless, white cheese having a fairly smooth interior with some scattered and small mechanical openings. The sample submitted was from a small, cylindrical wheel, approximately 1-½ inches (4 cm) in height and 5 inches (12-½ cm) in diameter.

Imeruli is said to be a fresh, cow’s milk cheese, containing, by weight, 52-54 percent moisture, 45 percent fat (minimum) and 2-5 percent salt. The sample provided is uniformly white, with a well-knit but somewhat soft and crumbly curd. The sample submitted appears to be from wheel, about 2 inches (about 5 cm) in height.

Ghudis Kveli iheese is made from either pasteurized or unpasteurized cow’s milk containing by weight, 52-56 percent moisture, 45 percent fat (minimum) and 4-7 percent salt. The sample provided is a light cream color. The interior body is moderately hard, with many mechanical openings. If made from pasteurized milk, this cheese is ripened for 30 days. If made from unpasteurized milk, the cheese is ripened for 60 days. The sample appears to be from a wheel about 2-½ inches in height.(about 6-¼ cm) in height.

The applicable subheading for Suluguni and Imeruli cheese if entered under quota, 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.

The applicable subheading for Suluguni and Imeruli cheese, if entered outside the quota, will be 0406.10.8800, 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), other. The rate of duty will be $1.509 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.

The applicable subheading for Ghudis Kveli cheese, if entered under quota, 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 (excluding goods containing mixtures of subheadings 0406.90.61 or 0406.90.63), 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.

The applicable subheading for Ghudis Kveli cheese, if entered outside the quota, will be 0406.90.9700, 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 (excluding goods containing mixtures of subheadings 0406.90.61 or 0406.90.63), other, other, other. The rate of duty will be $1.509 per kilogram. In addition, products classified in subheading 0406.90.9700, HTS, will be subject to additional safeguard duties based on their value, as described in subheadings 9904.06.38 – 9904.06.49.

For goods classified in subheading 0406.10.8400 and 0406.90.9500, an import license, issued to the importer by the United States Department of Agriculture, will be required at the time that 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:

Import Quota Manager for Dairy Products
STOP 1029/Room 5531-S
U.S. Department of Agriculture
1400 Independence Avenue, S.W.
Washington, DC 20250-1029

Importations of this product 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

Please refer to the information related to licensing procedures and applications for licenses to import cheese subjected to quota listed above.

This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

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 Thomas Brady at 646-733-3030.

Sincerely,

Robert B. Swierupski
Director,

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