The tariff classification of Rocinante Manchego cheese, Mini-Rocinante Manchego cheese, and Super Rocinante Manchego cheese from Spain.

NY 815281 October 4, 1995 CLA-2-04:R:N2:231 815281 CATEGORY: Classification TARIFF NO.: 0406.90.5700; 0406.90.9500; 0406.90.9700 Mr. Rene Zayas Haddock Zayas Haddock Trading Camino Las Rosas, B-5 Paseo del Prado Rio Piedras, PR 00926 RE: The tariff classification of Rocinante Manchego cheese, Mini-Rocinante Manchego cheese, and Super Rocinante Manchego cheese from Spain. Dear Mr. Zayas Haddock: In your letter, dated September 20, 1995, you have requested a tariff classification ruling. The products are described thus: 1. Rocinante Manchego cheese and Mini-Rocinante Manchego cheese - made from a combination of pasteurized goat, cow, and lamb's milk; aged 45 days. In your correspondance you indicate that the cheese will contain, by weight, dry extract (62.08 percent), and ash (3.45 percent). 2. Super Rocinante Manchego cheese - made from pasteurized lamb's milk; aged 6 months. You state that the cheese will contain, by weight, dry extract (66.45 percent), and ash (3.55 percent). The applicable subheading for the Rocinante Manchego cheese and Mini-Rocinante Manchego cheese 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. The applicable subheading for the Super Rocinante Manchego 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, 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 $1.731 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 Section 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 Ralph Conte at (212) 466-5759. Sincerely, Roger J. Silvestri Director National Commodity Specialist Division